SMOOTH OPERATIONS
According to Europol over 5,000 organised crime groups were under investigation in 2017 in the EU, with many of these groups now operating on an international level. Considering the transnational nature of this phenomenon, what actions should the EU take to better support Member States in tackling the spread of organised crime? Submitted by Askanio Ferraj (AL) |
TOPIC AT A GLANCE
KEY STAKEHOLDERS
KEY CONFLICTS
POLICIES APPROACHES TO THE PROBLEM
WHAT NOW?
FUTHER LINKS
KEY STAKEHOLDERS
KEY CONFLICTS
POLICIES APPROACHES TO THE PROBLEM
WHAT NOW?
FUTHER LINKS
TOPIC AT A GLANCE
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KEY STAKEHOLDERS, CORE CONCEPT & KEY TERMS
Core concepts and Key Terms: Organised Crime is a transnational, national or local complex of highly centralised enterprises set up for the purpose of engaging in illegal activities, most commonly for profit. They operate through bodies known as Organised Crime Groups (OCG) engaging in a wide range of activities, including: drug trafficking, migrant smuggling, excise fraud, trafficking in human beings and organised property crime. These OCGs tend to victimise individuals and businesses. |
This graphic shows the Involvement of OCGs active in the EU in different crime areas. Graphic: EUROPOL - SOCTA 2017 Report. |
Financial Investigation represents a modern and effective tool used by law enforcement agencies investigating an individuals or organisation’s financial matters by providing information on a suspect’s financial movements (covert use of financial information). Securitisation in international relations refers to the process by which states determine threats to national security based on subjective rather than objective assessments of perceived danger. These states which perceive threats to national security will “securitise” those sectors (the military, political, economic, societal, or environmental sector) by taking measures to enhance their security, often without public debate. Law Enforcement Agency is a government or cross-government structure formed to enforce law. Crime Prevention is the total of all initiatives aimed at the reduction of damage caused by acts defined as criminal by the Member State or the European union. |
KEY CONFLICTS
Theory Vs Application (Absence of practical implementation):
From EU institutions to national governments, there seems to be a shared willingness and sense of urgency in tackling organised crime, which is discursively expressed. Nonetheless, the implementation of measures at the local level does not always reflect this understanding. Despite comparative studies on the applicability of EU instruments on organised crime at national level and their effectiveness being still tentative, there is still a considerable degree of disparity among national legal frameworks. This disparity is most relevant in terms of the type of predicate offences, the length in the continuity of criminal organisations and the variety in penalties. These legal specificities are pertinent, as they become symptomatic of non-acceptance of the securitisation process, causing friction in the development of a common approach to organised crime. This discrepancy between the rhetoric and its implementation points towards a lack of acceptance (involuntary or not), which leads us to question the successful character of its securitisation. Today, many serious crimes, including violations of harmonised EU legislation, occur across borders. There is thus an incentive and possibility for criminals to choose the Member State with the most lenient sanctioning system in certain crime areas unless a degree of approximation of the national laws prevents the existence of such "safe havens". A Coordinated EU Level Response Vs An Autonomous Response at a Local Level (Lack of Cooperation between EUROPOL and Member States): EUROPOL is designed to work in partnership with other law enforcement agencies and specific Member State government departments. However, the contribution of Member States towards this cooperation is uneven, with some countries handing in 500-page reports and others one-page answers. Given that data sharing is done voluntarily and often depends on the decision of national law enforcement agencies, the reports continue to have problematic aspects. Therefore, indicating that the deficient cooperation on the side of Member States has also been contributing towards the lack of acceptance of the organised crime securitisation process. It indicates that although there seems to be an apparent acceptance of the reports and their importance in the fight against organised crime, the national level is not entirely convinced that it should prioritize these documents. Given the evolution in how the reports are perceived, we can consider that the securitisation of organised crime has only been partial. |
POLICY APPROACHES TO THE PROBLEMOrganised crime has been being dealt with through common instruments in a series of initiatives since the early 1990s. What facilitated action at the EU level was the consensus among Member States on the need for common efforts in this domain. EU action extends from crime prevention to law enforcement and is based on various tools, such as harmonised rules and EU funded projects or specialist networks. HARMONISED RULES The terms “approximation of laws” and “harmonisation” (1) stand for the alignment of national rules with a standard prescribed by EU law. Since the Treaty of Lisbon, criminal law in the EU has been approximated or harmonised, however not fully. This contrast can be noted especially when talking about a harmonised definition of “Organised Crime”. This measure not only serves to reduce legal differences between Member States but also to achieve certain policy objectives when it comes to fighting organised crime. This way practical implementation could be achieved in all Member States. EU FUNDED PROJECTS & SPECIALIST NETWORKS: To promote the implementation of the Internal Security Strategy, law enforcement cooperation, and the management of the EU’s external borders, the Internal Security Fund (ISF) was set up for the period 2014-2020 and its total budget amounts to approximately EUR 3.8 billion. The Fund will ensure that Member States are provided with adequate EU financial support, ensuring progress towards the policy objectives and addressing important challenges in the area of internal security. Furthermore, specialist networks and agencies are active in the EU in efforts of reducing organised crime. Such are agencies and networks like The European Union Agency for Law Enforcement Cooperation EUROPOL and European Union Agency for Criminal Justice Cooperation EUROJUST (1) Approximation of laws/Harmonisation: The process of creating common laws, regulations, standards and practices across all MS, but not necessarily amounting to a vision of total uniformity. WHAT NOW? |
If the EU and its Member States continue to use outdated strategies to eliminate this issue then they will ultimately fail. Lowering the rate of organised crime requires the entire international community to cooperate and coordinate on a solution. Every region faces different challenges related to organised crime and therefore, solutions must be flexible enough to fit each Member State’s specific needs.
As parting thoughts, here is a quick google form containing some questions you can consider to further your understanding of the topic. This form is not meant to narrow your thoughts on the topic, but rather inspire you to get creative about potential solutions. |
FURTHER LINKS
Essential Engagement
Further links
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