EU Criminal Law and Justice

EU Criminal Law and Justice

Elgar European Law series

Maria Fletcher, Robin Lööf and Bill Gilmore

Today, EU criminal law and justice constitutes a significant body of law potentially affecting most aspects of criminal justice. This book provides a comprehensive, accessible yet analytically challenging account of the institutional and legal developments in this field to date. It also includes full consideration of the prospective changes to EU criminal law contained in the recent ‘Lisbon Treaty’. While, broadly speaking, the authors welcome the objectives of EU criminal law, they call for a profound rethinking of how the good of criminal justice – however defined – is to be delivered to those living in the EU. At present, despite sometimes commendable initiatives from the institutions responsible, the actual framing and implementation of the Area of Freedom, Security and Justice (AFSJ) suffers from a failure to properly consider the theoretical implications of providing the good of criminal justice at the EU level.

Chapter 3: Police Cooperation in Criminal Matters

Maria Fletcher, Robin Lööf and Bill Gilmore

Subjects: law - academic, criminal law and justice, european law

Extract

The EU-wide fight against crime is to be achieved in part by securing closer cooperation between national law enforcement organisations, including ‘police forces, customs authorities and other competent authorities in the Member States’.1 Much of the ideological and practical groundwork for police cooperation had been laid prior to the 1999 Amsterdam settlement, during the Maastricht and even pre-Maastricht era and to a great extent within the Schengen system. The Amsterdam Treaty built squarely upon these foundations.2 It continued the historical trend in international police cooperation by emphasising operational cooperation between competent authorities.3 It also highlighted the centrality of information exchange to cross-border cooperation and the effective fight against crime.4 In order to facilitate these and other forms of cooperation the Treaty of Amsterdam enhanced the role of the pre-existing European police agency, Europol. This agency, and indeed the variety of European level bodies that have emerged to facilitate particular aspects of cooperation between national policing agencies in tackling cross-border crime (CEPOL and the European Police Chiefs Task Force), were discussed in full in Chapter 2. It should be recorded at the outset that, although police and judicial cooperation are dealt with discretely for the purposes of this book, neither can be seen in complete isolation. From an institutional perspective, law enforcement agencies and judicial authorities differ in their set-up and roles across the jurisdictions of the EU and, of course, these differences are reflected in how they interact with each other. This state of affairs...

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information