Organized Crime Legislation in the European Union
Harmonization and Approximation of Criminal Law, National Legislations and
the EU Framework Decision on the Fight Against Organized Crime
Just a few months after the entry into force of the EU Framework Decision
on the fight against organized crime, this book provides an unprecedented analysis of the
national and European legislation on organized crime.
The book provides a critical examination of the European policies and legal
instruments to promote the harmonization and approximation of criminal law in this field
(including the United Nations Convention on Transnational Organized Crime).
The current level of harmonization among EU Member States and the approximation
to the standards of the new Framework Decision are discussed in detail, with the help of
tables, graphs and maps.
The results highlight the problems surrounding the international legal
instruments and the inconsistencies of the national approaches to combating organized
crime.
Table of Contents
1 Harmonization and Approximation Policies in the European Union
1.1 Defining Harmonization and Approximation of Criminal Law in the EU
1.1.1 Harmonization
1.1.2 Approximation
1.2 The EU Policy in the III Pillar and Harmonization and Approximation of Criminal Law
1.2.1 The Evolution of the EU Policy on Approximation and Harmonization of Criminal Law
1.2.2 Harmonization and Approximation of Criminal Law and the Principle of Mutual
Recognition
1.3 Conclusions of Chapter 1
2 Organized Crime Legislation: Reasons and Background for the Assessment of
Harmonization and Approximation
2.1 Reasons for Assessing the Sector of Organized Crime
2.1.1 Reasons Relating to the EU Policy in the III Pillar
2.1.2 The Lack of Comparative Research in the Sector of Organized Crime
2.2 The Main Instruments Aiming at Harmonization and Approximation of EU Member States’
Organized Crime Legislation
2.2.1 The Joint Action on Making It a Criminal Offence to Participate in a Criminal
Organization in the Member States of the European Union
2.2.2 The United Nations Convention Against Transnational Organized Crime
2.2.3 The Framework Decision on the Fight Against Organised Crime
2.2.4 Remarks on the Legal Instruments Aiming at Harmonization and Approximation of
Organized Crime Legislation
2.3 Conclusions of Chapter 2. The Assessment of Organized Crime Legislation
3 The Methodology
3.1 The Methodology: Assessing Through Indicators
3.1.1 Objectives, Operational Definitions and Methodology
3.1.2 Data Gathering
3.1.3 The Analysis
3.2 Possible Problems Related to the Methodology
3.3 Conclusions of Chapter 3
4 Assessing Harmonization: The Horizontal Analysis
4.1 Structure of Criminal Law
4.1.1 Criminal Organization Offences
4.1.2 Aggravating Circumstances
4.1.3 Punishability of the Mere Agreement to a Criminal Organization
4.2 Requirements of the Criminal Organization
4.2.1 Number of Members of a Criminal Organization
4.2.2 Structure of the Criminal Organization
4.2.3 Continuity of the Criminal Organization
4.3 The Activities of a Criminal Organization
4.3.1 Number of Predicate Offences
4.3.2 Type of Predicate Offences
4.3.3 Additional Requirements
4.4 The Penalties
4.4.1 Standard Penalty for Participation/Membership .
4.4.2 Penalty Differentiation
4.5 Collaborators with Justice
4.5.1 Benefits for Collaborators with Justice
4.5.2 Requirements for Benefits
4.6 Legal Persons
4.6.1 Liability of Legal Persons
4.6.2 Sanctions for Legal Persons
4.7 Rules on Jurisdiction .
4.8 Conclusions of Chapter 4. Considerations on the Harmonization of Criminal Organization
Legislation Among EU Member States
4.8.1 Different Criminal Law Approaches to Organized Crime
4.8.2 The Level of Harmonization Among EU Member States
5 Assessing Approximation: The Vertical Analysis
5.1 Article 1: Definitions
5.1.1 Number of Members
5.1.2 Number of Predicate Offences
5.1.3 Type of Predicate Offences
5.1.4 Structure of the Criminal Organization
5.1.5 Continuity of the Criminal Organization
5.1.6 Additional Requirements
5.2 Article 2: Offences Relating to Participation in a Criminal Organisation
5.3 Article 3: Penalties
5.3.1 Standard Penalty for Participation/Membership
5.3.2 Aggravating Circumstance
5.4 Article 4: Special Circumstances
5.5 Article 5: Liability of Legal Persons
5.5.1 Crimes Committed by Persons Having a Leading Position Within the Legal Person
5.5.2 Crimes Made Possible by a Lack of Supervision or Control
5.6 Article 6: Penalties for Legal Persons
5.6.1 Criminal/Non-Criminal Fines
5.6.2 Other Penalties
5.7 Article 7: Jurisdiction
5.7.1 Territorial Jurisdiction
5.7.2 Jurisdiction over Offences Committed by a National
5.7.3 Jurisdiction over Offences Committed for the Benefit of a Legal Person Established
in the Territory
5.8 Conclusions of Chapter 5. Considerations on the Level of Approximation to the
Standards of the Framework
Decision (2008/841/JHA)
6 Conclusions and Implications
6.1 Possibilities for Further Research
6.2 Considerations on the European Policies on Harmonization and
Approximation of Organized Crime Legislation
6.2.1 Criminal Organization Offences: A Trade-Off Between Effectiveness and Legality?
6.2.2 The Expected Impact of the Framework Decision (2008/841/JHA): A Further trompe
l’oeil with Possible
Dangerous Consequences
6.3 Final Conclusions
Bibliography
Index
250 pages, Hardcover
