The chapter focuses on cross-border law enforcement and resulting prosecutions to counter transnational crime in the light of international, regional and bilateral legal frameworks. Some of the practices outlined in this chapter are authorised by international and transnational treaties and agreements, others are the result of longstanding practice and historical evolution in border regions. Most of these formal (treaties and agreements) and informal (non-binding arrangements) practices have arisen from a common cross-border crime problem. Others are the result of membership in a particular multinational group, such as the European Union (EU), offering possibilities for advanced multilateral common practices, such as the establishment of Joint Investigation Teams under EU legislation. The first three parts of the chapter give examples of cooperation under the three different types of frameworks. The fourth part looks critically at some case studies and specific problem areas. Before concluding, case law will be critically assessed with regard to the judicial application of transnational policing provisions in national contexts.
Organized crime in the EU presents challenges at different levels. Legally, there is still a debate about the definition of organized crime in the EU. Policing and judicial practice struggles with the cross-border aspect of organized crime and the differences in substantive and procedural law in the Member States. This chapter focuses on the legislation and strategic measures that have been developed in the EU fight against organized crime. The chapter addresses the possibilities of adopting a common legislative strategy within the European legal framework. It investigates the development of EU organized crime legislation and other measures to control this ‘type’ of crime. Diverting from a purely legal investigation, the most prominent strategic measures in achieving Member States’ police and justice cooperation in this area are addressed to show the level of harmonization of enforcement strategies in the light of substantive criminal law developments at the EU level.
International policing is on the move, but as the author of this chapter explains, it can never be analysed without taking the context of national policing into account. Despite national sovereignty still being solidly embedded, policing has adopted a strong cross-border turn, certainly given transnational challenges such as organized crime, terrorism and public order, but also given the strong steps towards institutionalization in the form of Interpol and Europol. Meanwhile, particularly in the European Union but also in other regions around the world, a wide variety of laws, rules and regulations have been adopted that set the standards for international police co-operation. In the meantime, new forms of more operationally oriented cross-border practices of police co-operation build on former constructions, such as the BeNeLux Treaty and the Cross-Channel Co-operation. This chapter provides a detailed insight into the evolution of international policing across the globe, and identifies a range of challenges such as the ‘implementation gap’, the wavering trust between jurisdictions, the controversy about privacy and human rights issues, and of course, the legitimacy of international policing as well as strategic orientation towards the future.
Monica den Boer and Saskia Hufnagel
Women are gradually acquiring a more prominent position in the criminal justice chain, and females in senior police leadership positions may have a positive effect as role models. Currently however, the number of female officers in public police forces around the world is rather marginal, despite diversity management policies and legislation. Starting from the assumption that the growing complexity of societies amidst a process of globalization demands more diversity in police forces, several strategies and instruments have been developed to recruit, integrate and retain female police officers. Gender diversity is one of the main preconditions for achieving social legitimacy and public consent. This chapter addresses the global implementation and impact of legislative frameworks. After discussing a range of legislative instruments and regulatory activities by the United Nations, the Council of Europe, the European Union and other bodies, the authors conclude that the impact of the law tends to be limited: except non-discrimination legislation, binding international legislation for gender balance in public police organizations seems to be absent.
Valsamis Mitsilegas, Saskia Hufnagel and Anton Moiseienko
In an increasingly mobile and interconnected world, transnational crime – that is, crime that directly affects more than one country – is more prevalent than ever before. Against this background, transnational crime has become increasingly difficult to study, let alone counteract. Given its sheer diversity, the whole utility of thinking about transnational crime as a field of enquiry may appear questionable. Yet by focusing too closely on specialist areas of concern one risks missing the proverbial wood for the trees – that is, factors common to various strands of transnational crime and the shared challenges of addressing it. The objective of this Handbook is to serve as a guide for the exploration of major types of transnational crime and key geographical regions.