Internationally organized crime in the UK

Résumé du document

In order to answer the fundamental question of what types of actions are considered as amounting to transnational organised crime (TOC), the Europol Commission attempted to give an official definition in a report in December 2001. Indeed, it gave some guidelines to understand what characteristics needed to be reunited in order to amount to TOC and a list of eleven possible characteristics. Provided that six of these were present, including four specific requirements, this definition would be satisfied. In addition, it also has to involve the participation of different EU countries through its process. In a report from 2002, Europol evaluated the areas of crime which were expected to represent organized crime in the future, drug trafficking, illegal immigration, trafficking in human beings and various types of financial crimes. Indeed, the UK is one of the countries which was the most affected by TOC and more particularly by drug trafficking and sex trafficking.

Extraits

[...] Indeed, it encourages the national courts to follow this jurisprudence on victims's human rights and therefore to respect the UK's Human Rights Act. As far as sex trafficking is concerned, the UK started to implement anti- trafficking legislation with the Nationality, Immigration and Asylum Act 2002. It then modernised this domestic law by implementing the Sexual Offences Act 2003 which deals with sex trafficking in, within or out of the UK in its section and 59. These provisions set out that "all offences are triable either way and on indictment carry a maximum of fourteen years"[28]. [...]

[...] Conclusion To conclude, both drug trafficking and sex trafficking are transnationally organised and are dealt with on the European and on the National levels. As far as drug trafficking is concerned, it seems important to highlight on the fact that the Constitutional Treaty which has been subjected to the approval of European Countries did not contain any new provision in relation to drug trafficking. As a consequence, today, drug trafficking remains a big issue in the UK which has not been tackled yet. [...]

[...] Which direction for EU criminal justice?”, European Law Review Legislation Misuse of Drugs Act Serious Organised Crime and Police Act 2005 Drugs Act 2005 Nationality, Immigration and Asylum Act 2002 Sexual Offences Act 2003 Policing and Crime Act 2009 Treaties and EU Law Maastricht Treaty Joint Action adopted by the Council of the EU on the basis of article K3 of the Treaty on European Union concerning the approximation of the laws and practices of the Member States of the European Union to combat drug addiction and to prevent and combat illegal drug trafficking Hague Ministerial Declaration on European Guidelines for Effective Measures to Prevent and Combat trafficking in Women for the Purpose of Sexual Exploitation Amsterdam Treaty Council Framework Decision on Combating Trafficking in Human Beings Council framework on drug trafficking Council Directive on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration Treaty on European Union Internet Sources http://ec.europa.eu/justice_home/ http://www.soca.gov.uk/ http://eldd.emcdda.europa.eu/html.cfm/index5766EN.html http://europa.eu/rapid/pressReleasesAction.do?reference=IP/09/1902&format=H TML&aged=0&language=EN&guiLanguage=en http://drugs.homeoffice.gov.uk/drugs-laws/drug-act- 2005/index67d9.html?version=2 Others Rousseau L., IP Group Work (personal contribution in relation to organised crime) collaboration of more than two people for a prolonged or indefinite period of time suspected of the commission of serious criminal offences and determined by the pursuit of profit and/or power. Rousseau L., IP Group Work (personal contribution in relation to organised crime) Reichel P., Handbook of transnational crime and justice p.406. http://www.soca.gov.uk/threats as assessed on 19th March 2010. http://www.soca.gov.uk/threats/money-laundering as assessed on 17th March 2010. ibid http://www.soca.gov.uk/threats/drugs as assessed on 12th March 2010. ibid ibid ibid Edwards A. [...]

[...] However, this project also highlighted on the limited impact of many EU initiatives as only encouraged inter-national criminal justice co-operation in the fight against sex trafficking alongside the needs and rights of victims, but did not enforce its suggestions”[24]. This is due to the fact that EU member states prefer to keep their sovereignty and to apply their own legal measures in relation to human trafficking in priority. For this reason, when dealing with human trafficking in the EU, writers often refer to this issue as “much talk but limited action”[25]. [...]

[...] The main aim of this process is to increase their benefit. Two fundamental EU treaties tried to tackle drug trafficking. In 1993, the Maastricht Treaty required the “harmonisation of national trafficking laws” in order to make the fight against all types of traffic a general European matter. For instance, Article 29 of this Treaty provides that the EU should legislate within the justice and home affairs pillar in order to create high level of safety within an area of freedom, security and justice”[11]. [...]