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

integrity or liberty of a person, or creating a collective danger for persons; [..] in order
to respond to the various threats with which Member states are confronted, a common
approach to participation in the activities of criminal organisations is necessary”. 324
The Joint Action calls for intervention in a number of areas which may or may not be
related to organised criminal activities, in order to face the “seriousness and
development of certain forms of organised crime”. 325
The list of offences mentioned in the former Joint Action was considerable. This view
that organised crime was to be understood as including a wide range of criminality was
confirmed in other measures such as the Joint Action establishing a programme of
exchanges, training and cooperation for persons responsible for action in combating
organised crime. This Joint Action led to the so-called “Falcone Programme” in which it
was stated to be necessary
“to adopt a broad approach to phenomena of organised crime, including economic
crime, fraud, corruption and money-laundering.” 326
Subsequent measures took this approach into consideration, such as the 1998 Joint
Action on money laundering, the identification, tracing, freezing, seizing and
confiscation of instrumentalities and the proceeds from crime. This Joint Action not only
placed itself in the context of the two previously mentioned measures but also held in its
preamble,
“the potential for disrupting criminal activity in the field of organised crime, by more
effective cooperation between Member States in identifying, tracing, freezing or seizing,
and confiscating the assets deriving from crime is being improved … [and whereas] 327
the abovementioned action plan to combat organised crime emphasised the need to
accelerate procedures for judicial cooperation in matters relating to organised crime,
while considerably reducing delay in transmission and responses to requests”. 328
324 Preamble of the Joint Action 98/733/JHA, supra note 249.
325 Ibid..
326 Joint Action 98/245/JHA of 19 March 1998 adopted by the Council on the basis of Article K.3
of the Treaty on European Union, establishing a programme of exchanges, training and
cooperation for persons responsible for action to combat organised crime (Falcone Programme),
OJ L 99/8 [1998].
327 Our words.
328 Joint Action 98/669/JHA, supra note 248.
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