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

intervention in security matters. 318 This is not surprising. As the EU was a new actor in
criminal matters, with different structures than those of the State yet with a
complementary role to the latter, it is only expected that its motivating rationales were
not in the shape of well developed criminal policies. It is under these constraints that the
EU’s own narratives of integration in criminal matters emerged as distinct from those of
Member States and the discourses on the fight against organised crime and protection of
EC interests began to take shape.
3.1. Organised crime
It was seen in chapter one how the idea of combating organised crime emerged in the
late eighties and began tentatively to be used as a motto and umbrella-concept grouping
several types of criminality. The discourse on the need to react against transnational
threats such as organised crime was continued and intensified in the nineties. The
culmination of this vision was spelled out and systematised in 1997 by the adoption of
the Action Plan to combat organised crime. 319 This Action Plan portrayed a rather grim
scenario stating that,
“Organised crime is increasingly becoming a threat to society as we know it and want
to preserve it. […] Crime is increasingly organising itself across national borders, also
taking advantage of the free movement of goods, capital, services and persons.
Technological innovations such as the internet and electronic banking turn out to be
extremely convenient vehicles for committing crimes or for transferring the resulting
profits into seemingly licit activities. Fraud and corruption take on massive proportions,
defrauding citizens and civic institutions alike. In comparison, effective means of
preventing and repressing these criminal activities are developing only at a slow pace,
almost always a step behind. If Europe is to develop into an area of freedom, security
and justice, it needs to organise itself better, and to provide strategic and tactical
responses to the challenge facing it. This requires a political commitment at the highest
level.” 320
318 In relation to police cooperation specifically, this is argued by M. Den Boer, “Europe and the
art of international police cooperation: free fall or measured scenario” in D. O’Keefe and
T.Twomey (eds) Legal Issues of the Maastricht Treaty (London: Chancery Law Publishing,
1994) 279, 281.
319 The Action Plan had its origins at the Dublin European Council where the need for a coherent
approach to combat organised crime in the European Union was discussed and during which the
Council decided to create a High Level Group in charge of drawing an Action Plan with specific
recommendations in the field, see Title V of the Presidency Conclusions, Dublin European
Council, 13 and 14 December 1996, Council Action Plan to combat organised crime, adopted by
the Council on 28 April 1997, OJ C 251/1 [1997].
320 Para 1 of the Action Plan to combat organised crime, ibid..
88