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

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Members. 277 <strong>The</strong> Joint Action on drug trafficking made a similar call and urged Member<br />

States to<br />

“make the practices <strong>of</strong> their police, customs services and judicial authorities more<br />

compatible with each other”. 278<br />

Along the same lines, the Joint Action on combating racism and xenophobia also called<br />

upon Member States to improve their judicial cooperation in relation to contact points,<br />

sharing <strong>of</strong> information and the seizure and confiscation <strong>of</strong> tracts, pictures or material<br />

containing expressions <strong>of</strong> racism and xenophobia. 279 All these measures aimed at<br />

developing better communication and mutual understanding between national<br />

authorities.<br />

Police cooperation was the domain where initiatives were more numerous and<br />

significant. This came as no surprise given the strong inheritance the pre-Maastricht<br />

years had left at this level. Hence, many <strong>of</strong> these initiatives came to formalise and make<br />

<strong>of</strong>ficial structures and initiatives already taken and debated during the Trevi period.<br />

Nonetheless, significant new steps and projects were put forward, namely attempts at<br />

centralisation and the creation <strong>of</strong> more structured arrangements for cooperation. Overall,<br />

police cooperation followed the same objective and rationale as judicial cooperation –<br />

sharing information and knowledge.<br />

277 Article 1 <strong>of</strong> the Joint Action 98/421/JHA <strong>of</strong> 29 June 1998 adopted by the Council on the basis<br />

<strong>of</strong> Article K.3 <strong>of</strong> the Treaty <strong>of</strong> the <strong>European</strong> union, on good practice in mutual legal assistance in<br />

<strong>criminal</strong> matters, OJ L 191/1 [1998].<br />

278 Article 2 <strong>of</strong> the Joint Action, ibid..<br />

279 Joint Action 96/443/JHA <strong>of</strong> 15 July 1996 adopted by the Council on the basis <strong>of</strong> Article K.3<br />

<strong>of</strong> the Treaty <strong>of</strong> the <strong>European</strong> <strong>Union</strong>, concerning action to combat racism and xenophobia, OJ L<br />

185/5 [1996], Title I (B). More Joint Actions, besides the ones mentioned, called for similar<br />

improvements in cooperation, such as Joint Action on the targeting criteria for police, Joint<br />

Action 97/372/JHA adopted by the Council on the basis <strong>of</strong> Article K.3 <strong>of</strong> the Treaty <strong>of</strong> the<br />

<strong>European</strong> <strong>Union</strong>, for the refining <strong>of</strong> targeting criteria, selection methods, etc., and collection <strong>of</strong><br />

customs and police information, OJ L 159/1 [1997]; the Joint Action on the Oisin Programme,<br />

Joint Action 97/12/JHA <strong>of</strong> 20 December 1996 adopted by the Council on the basis <strong>of</strong> Article K.3<br />

<strong>of</strong> the Treaty on <strong>European</strong> <strong>Union</strong> providing for a common programme for the exchange and<br />

training <strong>of</strong>, and cooperation between, <strong>law</strong> enforcement authorities, OJ L 007/5 [1997]; the Joint<br />

Action on international organised crime, Joint Action 96/747 <strong>of</strong> 29 November 1996 adopted by<br />

the Council on the basis <strong>of</strong> Article K.3 <strong>of</strong> the Treaty on <strong>European</strong> <strong>Union</strong>, OJ L 342/2 [1996]; and<br />

the Joint Action concerning the exchange <strong>of</strong> information on the chemical pr<strong>of</strong>iling <strong>of</strong> drugs, Joint<br />

Action 96/699/JHA <strong>of</strong> 29 November 1996 adopted by the Council on the basis <strong>of</strong> Article K.3 <strong>of</strong><br />

the Treaty on <strong>European</strong> <strong>Union</strong>, concerning the exchange <strong>of</strong> information on the chemical pr<strong>of</strong>iling<br />

<strong>of</strong> drugs to facilitate improved cooperation between Member States in combatting illict drug<br />

trafficking, OJ L 322/5 [1996].<br />

78

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