Apr 4, 2023
Assessing the Legislative Framework
Published in: Publications Office of the European Union website (2023). doi: 10.2837/213076
Posted on RAND.org on March 29, 2023
This study looks at three 'tools' that Member States can deploy in the fight against serious and organised crime. First, this study assesses whether the Council Framework Decision 2008/841/JHA — legislation that aims to ensure that all Member States criminalise participation in a criminal organisation — has achieved its objectives, supports effective cooperation to tackle cross-border serious organised crime and is fit for purpose. Second, this study assesses the extent to which the current legislative framework on the use, protection and handling of crown/principal witnesses and collaborators of justice supports effective cooperation to tackle cross-border serious organised crime. Third, this study explores whether Member States have operational and strategic approaches to identify the links between offences that are 'enablers' of serious organised crime (money laundering, document fraud, online trade in illicit goods/services, and corruption) and the broader picture of serious organised crime. Based on interviews, an EU-wide survey, workshops and a document review, the study describes the state of play in relation to these topics and outlines possible policy solutions to the address key challenges identified.