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

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Initiatives ranged from the creation <strong>of</strong> a framework for liaison <strong>of</strong>ficers with “more rapid<br />

and effective cooperation between <strong>law</strong> enforcement agencies” in mind, 280 to frameworks<br />

<strong>of</strong> cooperation between contact points and exchange <strong>of</strong> information between national<br />

authorities in relation to terrorism and sexual exploitation <strong>of</strong> human beings, for example.<br />

This was the case <strong>of</strong> the Joint Action on the exchange <strong>of</strong> counter terrorism expertise 281<br />

and <strong>of</strong> the Joint Action establishing incentives and exchange programmes for persons<br />

responsible for combating trade in human beings and the sexual exploitation <strong>of</strong><br />

children. 282 <strong>The</strong> first envisaged the enhancement <strong>of</strong> cooperation between national<br />

counter-terrorist agencies, namely through the creation and availability <strong>of</strong> a directory <strong>of</strong><br />

counter-terrorist competences, skills and expertise, 283 whilst the second established a<br />

programme to develop and coordinate initiatives such as training, studies or exchange <strong>of</strong><br />

actions on the combat <strong>of</strong> trafficking in human beings, on the sexual exploitation <strong>of</strong><br />

children, on the disappearance <strong>of</strong> minors and on the use <strong>of</strong> telecommunications<br />

facilities. 284<br />

Subsequently, efforts for a better mutual knowledge were streamlined with the creation<br />

<strong>of</strong> EU’s own bodies in relation to police cooperation. <strong>The</strong> first <strong>of</strong> those bodies was the<br />

<strong>European</strong> Drug Unit (EDU) a non-operational team whose main objective was to<br />

provide support and assistance to national police and other agencies to combat <strong>criminal</strong><br />

activities namely through the exchange and analysis <strong>of</strong> information and intelligence,<br />

created in 1993. 285 Initially these exchanges were to be related to <strong>of</strong>fences on drug<br />

trafficking and associated money laundering and organised crime but the remit was later<br />

on extended to the fight against illegal trade in radioactive and nuclear substances,<br />

illegal immigration networks, vehicle trafficking and associated money laundering<br />

operations. 286 <strong>The</strong> EDU was composed <strong>of</strong> national liaison <strong>of</strong>ficers which acted according<br />

to their national legislation. Furthermore, the EDU also had four analysts whose task<br />

280 Preamble <strong>of</strong> the Joint Action <strong>of</strong> 14 October 1996 adopted by the Council on the basis <strong>of</strong><br />

Article K.3 <strong>of</strong> the Treaty on <strong>European</strong> <strong>Union</strong> providing for a common framework for the<br />

initiatives <strong>of</strong> the Member States concerning liaison <strong>of</strong>ficers, OJ L 268/ 2 [1996]. See also Article<br />

1 <strong>of</strong> the Joint Action.<br />

281 Ibid..<br />

282 Joint Action 96/700/JHA <strong>of</strong> 29 November 1996 adopted by the Council on the basis <strong>of</strong> Article<br />

K.3 <strong>of</strong> the Treaty on <strong>European</strong> <strong>Union</strong> establishing an incentive and exchange programme for<br />

persons responsible for combating trade in human beings and the sexual exploitation <strong>of</strong> children,<br />

OJ L 322/7 [1996].<br />

283 Article 1 <strong>of</strong> the Joint Action, ibid..<br />

284 See Preamble and Article 1 <strong>of</strong> the Joint Action, ibid..<br />

285 Ministerial Agreement on the establishment <strong>of</strong> Europol Drugs Unit, Copenhagen, 2 June 1993,<br />

in Bunyan, Key Texys in Justice and Home Affairs, supra note 141.<br />

286 Preamble and article 2 <strong>of</strong> the Joint Action 96/748/JHA <strong>of</strong> 16 December 1996 adopted by the<br />

Council on the basis <strong>of</strong> Article K.3 <strong>of</strong> the Treaty on <strong>European</strong> <strong>Union</strong> extending the mandate<br />

given to the Europol Drugs Unit, OJ L 342/4 [1996].<br />

79

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