The evolution of European Union criminal law (1957-2012)

2. Beyond the tools given by the Treaty: police, judicial cooperation and more
As seen in the previous section, Article K.3 envisaged that Member States should inform
and consult one another in order to establish cooperation in the areas of common
interest mentioned by Article K.1. These included
“judicial cooperation in criminal matters” and “police cooperation for the purposes of
preventing and combating terrorism, unlawful drug trafficking and other serious forms
of international crime, including if necessary certain aspects of customs cooperation, in
connection with the organization of a Union-wide system for exchanging information
within the European Police Office (Europol).” 272
The wording of the TEU(M), especially in reference to informing and consulting
between Member States in order to establish cooperation, indicates a limited functional
remit in criminal matters which was compatible with the understanding, laid down by
the TEU(M) as well, that Member States were to remain primarily responsible for
criminal matters regardless of the new actor in this field, i.e. the EU.
In practice, however, the framework built in the implementing of these TEU(M)
provisions was far from minimal, both from a functional and from a substantive
perspective. Judicial and police cooperation were treated in great depth with the creating
of contact points, networks for information sharing and mutual training, as well as
specific EU or multinational organs to facilitate cooperation among other initiatives.
Yet, the extent of the wide interpretation given to the words of the TEU(M) was even
better portrayed in several initiatives of approximation of national laws, which could
hardly find correspondence in any of the terms and wording of the TEU(M). The EU
was clearly comfortably stepping into its new role and even stretching it with regard to
its corresponding competencies.
2.1. Police and judicial cooperation
Regarding police and judicial cooperation, mechanisms were made easier, networks of
police and judicial authorities were established, specific programmes of training and
exchange between national authorities were set in place, whilst specific EU bodies to
facilitate such cooperation were created. In general, most of these initiatives were
seeking a broader, general goal of efficient exchange of information between national
authorities: information on goods, on know-how, on expertise and most importantly, on
272 Article K.1 (9) TEU(M).
76