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

evenue. 298 Along the same lines, the First Protocol to the Convention also called for the
criminalisation of both passive and active corruption of officials of the European
Union 299 and the second Protocol to the Convention called for the adoption of a common
definition of money laundering and related behaviours. 300 Likewise, the Joint Action on
racism and xenophobia attempted a common understanding of what should be
considered as racist and xenophobic behaviours by proposing a common definition of
this crime, which was to include, for example, any public incitement to discrimination,
violence or racial hatred of persons or groups defined by reference to colour, race,
religion or national or ethnic group, among other related behaviours. 301 Similarly, the
Joint Action on drug trafficking called for the criminalisation of behaviours which
publicly and intentionally
“incite or induce others, by any means, to commit offences of illicit use or production of
narcotic drugs”, 302
whilst the Joint Action on trafficking in persons and sexual exploitation also required the
criminalisation of the sexual exploitation of children and others when coercion, deceit or
abuse of authority was used. 303 Along the same lines, the Joint Action on money
laundering, 304 the Joint Action on organised crime 305 and the Joint Action on private
corruption 306 also required Member States to take the necessary measures to ensure that
the provisions of the joint actions were implemented. 307
298 See Article 1 of the Convention drawn up on the basis of Article K.3 of the Treaty on
European Union, on the protection of the European Communities’ financial interests, OJ C
316/49 [1995].
299 First Protocol to the Convention on the protection of the European Communities’ Financial
Interests, OJ C 313/1 [1996].
300 Second Protocol to the Convention on the protection of the European Communities’ financial
interests, OJ C 221/12 [1997].
301 Title I of the Joint Action 96/443/JHA, supra note 279.
302 Article 9 of the Joint Action 96/699/JHA, supra note 279.
303 Title I of the Joint Action 97/154/JHA of 14 February 1997 adopted by the Council of the
basis of Article K.3 of the Treaty on European Union concerning action to combat trafficking in
human beings and sexual exploitation of children, OJ L 63/2 [1997].
304 Joint Action 98/669/JHA of 3 December 1998 adopted by the Council on the basis of Article
K.3 of the Treaty on European Union, on money laundering, the identification, tracing, freezing,
seizing and confiscation of instrumentalities and proceeds from crime, OJ L 333/1 [1998].
305 Joint Action 98/733/JHA of 21 December 1998 adopted by the Council on the basis of Article
K.3 of the Treaty on European Union, on making it a criminal offence to participate in a criminal
organisation on the Member states of the European Union, OJ L 351/1 [1998].
306 Joint Action 98/742/JHA of 33 December 1998 adopted by the Council on the basis of Article
K.3 of the Treaty on European Union, on corruption in the private sector, OJ L 358/2 [1998].
307 These definitions are usually broad and on occasion broader than pre-existent national
offences which echo an attempt at a high level of protection of the goods or interests in question.
The Convention on the protection of the EC budget, for instance, defines “fraud affecting the
European Communities’ financial Interests as […] (a) in respect of expenditure, any intentional
83