Volume 49 (2012)

Volume 49 (2012) / Issue 4

Francesco Calderoni, 'A definition that does not work: The impact of the EU Framework Decision on the fight against organized crime' (2012) 49 Common Market Law Review, Issue 4, pp. 1365–1393

Abstract

This article analyses the impact of the 2008 Framework Decision on the Fight against Organized Crime (part of the Stockholm Programme) on the national legislations of the Member States. While this measure has been criticized by academics and policy makers in the last years, the Council will soon be called to evaluate it on the basis of a report by the Commission. On the basis of a comparative analysis of the relevant provisions in all the Member States, the article demonstrates the Framework Decision did not have any impact on national legislations and has not increased the level of harmonization among the Member States, with consequences on mutual trust and international cooperation in criminal matters. The findings suggest that the EU should reconsider its policy in the field of organized crime legislation.

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ISSN: 0165-0750
ID: COLA2012067