EU AND INTERNATIONAL CRIME CONTROL

Transcription

1 GofS Research Paper Series EU AND INTERNATIONAL CRIME CONTROL TOPICAL ISSUES Editors Marc Cools Brice De Ruyver Marleen Easton Lieven Pauwels Paul Ponsaers Gudrun Vande Walle Tom Vander Beken Freya Vander Laenen Gert Vermeulen Gerwinde Vynckier Antwerpen ) Apeldoorn Portland 2010

2 Table of contents "Governance of Security" - Monitoring contemporary security issues 9 Appreciating Approximation. Using common offence concepts to facilitate police and judicial cooperation in the EU 15 Wendy De Bondt and Gert Vermeulen 1 Introduction Approximation Authors' views Choice of case studies 20 2 Case study 1: Mutual recognition The principle of mutual recognition The double criminality requirement The inappropriate use of the approximation acquis 24 3 Case study 2: Europol and Eurojust EU level actors and their mandate The inappropriate use of the approximation acquis 27 4 Case study 3: European Criminal Records Information System Exchanging criminal records information Inappropriate use of the approximation acquis 29 5 EULOCS: Appreciating Approximation EULOCS' background EULOCS' added value for the case studies 33 6 Conclusion 34 7 Bibliography Selected legal and policy documents Literature 38 Approximation and mutual recognition of procedural safeguards of suspects and defendants in criminal proceedings throughout the European Union 41 Gert Vermeulen and Laurens van Puyenbroeck 1 General introduction 43 2 Criminal procedure within the EU: status questionis Introduction Approximation of criminal procedure vs. mutual recognition The link between mutual recognition and procedural safeguards Towards approximation of procedural rights of suspects and defendants: the proposal for a framework decision 47 3 Is there need for EU action in the field of procedural rights in criminal proceedings? Introduction The (in)adequacyoftheechr framework Towards a free movement of evidence: what with procedural rights? 50

3 EU AND INTERNATIONAL CRIME CONTROL 3.4 The breakdown of mutual recognition: mutual trust vs. the resurrecting dominance of domestic procedures 52 4 From minimum approximation to mutual recognition of procedural rights Minimum approximation of procedural rights at EU level Approximation of procedural rights on a higher level Towards genuine mutual recognition of procedural guarantees 60 5 Conclusion 61 6 Main references 62 Shaping the competence of Europol. An FBI perspective 63 Alexandra De Moor and Gert Vermeulen 1 Introduction 63 2 The Competence of Europol Introducing: Europol Extending the competence of Europol Defining the competence of Europol 71 3 The Competence of Europol in Comparative Perspective Introducing the FBI The competence of the FBI 78 4 Conclusion 83 5 Bibliography Legal and policy documents (in chronological order) literature (in alphabetical order) 89 Towards a coherent EU policy on outgoing data transfers for use in criminal matters? The adequacy requirement and the framework decision on data protection in criminal matters. A transatlantic exercise in adequacy 95 Els De Busser and Gert Vermeulen 1 The need for coherency 95 2 Before the framework decision Limited rules on data transfers to third states or institutions The adequacy requirement: not generally binding and diverse implementation 98 3 Inadequacy based on purpose deviation Purpose limitation to purpose deviation Adequacy of the American level of data protection Transatlantic purpose deviation Inadequate transatlantic cooperation in criminal matters The significance of the adequacy requirement in the framework decision The weight of the adequacy requirement in the framework decision The scope of the framework decision Effects of the framework decision on existing and future provisions The future of adequacy: from Vienna to Stockholm via Washington From Vienna to the Hague The transatlantic journey Adequate transatlantic alliances in the future? 114 6

4 TABLE OH CONTENTS 6 Conclusion: coherency with a twist Bibliography 117 Policy and legal documents 117 Council of Europe 117 European Union 118 United States 121 Case law 122 The international private security industry as part of the European Union security framework: a critical assessment of the French EU presidency White Paper 123 Marc Cools, Dusan Davidovic, Hilde De Clerck and Eddy De Raedt 1 Introduction The French EU presidency, the private security in France and the security discourse of Nicolas Sarkozy The genesis ofthe white paper by INHES and CoESS and its content A critical assessment of the white paper A critical scientific reflection A hard political fact for the future The visionary and brave private security industry in Europe 'Another' critical criminological farewell Bibliography 136 The anti money laundering complex on a crime control continuum: perceptions ofrisk,power and efficacy 143 Antoinette Verhage Introduction Factors typifying the AML approach Diversity of interests at the introduction of AML Crime fighting and power limitation Financial stability and trust The interpretation of'formal control'in AML Why private organisations? The 'banking detectives': compliance officers and their discretionary powers The specificities of the phenomenon of money laundering (Lack of) historical knowhow Different origins of criminalisation Flexibility The autocracy of 'risk' within the AM L complex The risk-based approach in AML AML as a risk for banks Thoughts on efficacy ofthe AML complex Effects? Crime control and hence displacement? Discussion: the place of AML on a crime control continuum 161 7

5 EU AND INTERNATIONAL CRIME CONTROL 8.1 AML as imposed regulation Public-private divide Knowhow and cooperation In conclusion Bibliography 164 Police officers' views and fears about some criminals' threatening reactions to police investigations 169 Fien Gilleir Introduction Focus on the notions of 'organized crime' and 'counterstrategies' 2.1 The phenomenon of organized crime 2.2 Counterstrategies Empirical research Research results 4.1 The criminal organization 4.2 Violence and intimidation Conclusion Bibliography Police torture in China and its causes 185 Wei Wu and Tom Vander Beken 1 Introduction Police torture in criminal investigation Definition The phenomenon Evolution of torture techniques The role of police stations Weak victims Wrongful convictions Explaining torture The law Organisation and structure Culture Discussion Bibliography 206 Authors 217 Participating Reviewers 219