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

Indeed, already in 1996, organised crime had been elevated to a main priority in justice
and home affairs, both by the Council Resolution laying down the priorities for
cooperation in the field of justice and home affairs for the period from 1 July to 10 June
1998, 321 and from the Council Resolution laying down the priorities for cooperation
from the period from 1 January 1998 to the date the TEU(A) entered into force. 322
Politically, organised crime was being promoted as a transnational threat and, in
consequence, upgraded to a policy priority. Mitsilegas et al. refer to this new status of
organised crime as its “securitisation”, explaining this happened mainly for three
reasons: first, it was perceived as a growing problem that threatened the well being of
western countries and, as a consequence, European States began to envisage it as a
‘common security’ concern needing collective solutions; second, the paradigm of
organised crime that was worrying the western world (such as the Italians and
Americans) was generating considerable alarm even if it didn’t correspond entirely to
the reality of the European model; finally, organised crime in Europe had been perceived
as increasing after the Cold War, especially with the emergence of organised crime
groups in eastern Europe, namely Russia and Albania. 323
Not surprisingly, this political use of organised crime also deeply permeated the legal
reality of criminal matters in the EU. Organised crime, besides having been made a
political priority, also became a legal label, a narrative that guided many of the legal
measures undertaken in criminal law related matters, emerging as one of the main
justifications for the adoption of secondary legislation in criminal matters.
The Joint Action of 1998 which made it a criminal offence to participate in a criminal
organisation in the Member States of the European Union (hereinafter Joint Action on
organised crime) is the central example of this. Its preamble states:
“Whereas the Council considers that the seriousness and development of certain forms
of organised crime require strengthening of cooperation between the Member States of
the European Union, particularly as regards the following offences: drug trafficking,
trafficking in human beings, terrorism, trafficking in works of art, money laundering,
serious economic crime, extortion and other acts of violence against the life, physical
321 Council Resolution of 26 October 1996, supra note 257.
322 Council Resolution of 18 December 1997, supra note 258.
323 “Securitisation of an issue occurs when it is elevated from the level of routine political
discussion to a special category status and in consequence a higher priority is attached to
remedying the problem, and combating the risks justifies the allocation of increased resources.”
Mitsilegas, Monar and Rees, The European Union and Internal Security, supra note 91, 46-49.
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