Ten years after the adoption of Council Framework Decision 2008/841/JHA on the fight against organised crime. Lights and shadows of a doubtful legacy

Authors

  • Lucas J. Ruiz Díaz Delegación de la Junta de Andalucía en Bruselas

DOI:

https://doi.org/10.18042/cepc/rdce.61.08

Keywords:

Transnational organised crime, European Union, European Criminal Law, Area of Freedom, Security and Justice.

Abstract

The European Union took a step forward in the consolidation of its own, relatively autonomous legal framework to fight transnational organised crime with the adoption of the Council Framework Decision 2008/841/jha on the fight against organised crime. It did so by resorting to Criminal Law as an active element of its intervention in the field. Even though there are major achievements resulting from its adoption, the Framework Decision raised some concerns as regards the considerable gaps in the text finally endorsed by the Council, as well as its uneven incorporation into Member States’ domestic law. In particular, some issues call for further accuracy and new initiatives to effectively address the deficits observed both in the European legal framework and the legal practice in order to prevent from failure basic principles of national Criminal Law and those principles on which the European judicial area rely, such as mutual recognition.

Author Biography

Lucas J. Ruiz Díaz, Delegación de la Junta de Andalucía en Bruselas

Doctor en Derecho Internacional Público y Relaciones Internacionales por la Universidad de Granada

Published

2018-11-29