Containment of Organised Crime and Terrorism

Cyrille Fijnaut was Professor of criminology and criminal law at Erasmus University Rotterdam, the Netherlands (1986–1997), KU Leuven, Belgium (1978–1982, 1990–2004) and Tilburg University, the Netherlands (2000–2011). In the period 1997–2002 he was a member of the Global Law School at New York University School of Law. Prior to his academic career, he studied at the Dutch Police Academy and worked as a police lieutenant in the police force of the city of Tilburg. In 1978 he defended his PhD thesis on the political history of police systems in North-West Europe at the KU Leuven. In addition to his academic work, he has worked for the last 25 years as an expert for a number of governmental and parliamentary committees of inquiry in the Netherlands and Belgium with regard to organised and professional crime problems and in relation to security issues.

• Foreword; Curriculum Vitae: Prof. em. dr. dr. h.c. Cyrille Fijnaut; Introduction;I. A New Field of Academic Research in Europe1. Seeking Refuge in Power? A Historical Study of the Police as a Political Institution 1. How to Reconstruct the Political History of a Police System?; 2. The Evolution of the Modern Police System in Western Europe: A Model; 3. A Few Comments on this Model; 4. A Taste of the Political History of the Belgian Police;2. The Limits of Direct Police Co-operation in Western Europe 1. Between Police Dream and Political Action: EUROPOL and TREVI; 2. EUROPOL ; 3. Towards a New Organization of General Police Co-operation in Western Europe; 3. The Internationalization of Criminal Investigation in Western Europe 1. Introduction; 2. An Image of the Past; 3. The Developments over the Past Two Decades; 4. Conclusion;4. Police Co-operation within Western Europe 1. Introduction;2. A Flashback to the Past; 3. Undiscussed Issues and Forgotten Problems; 4. The Economic Unification of Western Europe in 1992 and the Further Internationalisation of Police Co-operation; 5. Conclusion;5. The International Criminal Police Commission and the Fight Against Communism, 1923–1945 1. Introduction; 2. The Anti-Communist Orientation of International Police Co-operationbefore 1923; 3. The Foundation of the ICPC; 4. The Re-Emergence of Interpol: Some Final Remarks; II. Research and Policy in a Transatlantic Perspective6. The François Case: Considerations Following the Court’s Decision 1. Introduction; 2. The Creation of the BCI and the NBD; 3. The NBD: The Domestic Police Counterpart; 4. The Influence of the US Foreign Police Policy; 5. Final Remarks of the First Analysis 7. The Normalization of Undercover Policing in the West: Historical and Contemporary Perspectives 1. Undercover: An Enduring Ingredient of Modern Policing; 2. Developments in the United States; 3. Undercover Returns to Europe; 4. The Articles;8. The Analysis and Containment of Organized Crime in Europe: An Interview with Cyrille Fijnaut 9. Organized Crime: A Comparison Between the United States of America and Western Europe 1. Introduction; 2. The Debate in the United States; 3. The Debate in Western Europe; 4. General Conclusion;10. Organized Crime: The Forms It Takes, Background and Methods Used to Control it in Western Europe and the United States 1. Introduction; 2. The Forms in which Organized Crime Appears; 3. The Background of Organized Crime; 4. Methods to Control Organized Crime; 5. Conclusion;11. Organized Crime and Anti-Organized Crime Efforts in Western Europe: An Overview 1. Introduction; 2. Images of Organized Crime in Western Europe; 3. The Containment of Organized Crime in Western Europe; 4. Conclusion;12. The Italian Mafia in Belgium: An Analysis of the Bongiorno-Steinier Case 1. Introduction; 2. The Migration of the Italian Mafia to North-Western Europe; 3. The Grip of the Italian Mafia on the Construction Industry in New York; 4. The Bongiorno-Steinier Case: The Mafia in Belgium?; 5. In Conclusion: Some Considerations Regarding Policy; 13. The Italian Mafia in the Netherlands 14. Researching Organized Crime 1. Introduction; 2. The Necessity of Research; 3. The Possibility of Research; 4. Outside and Inside the Underworld; 5. Outside and Inside the Police; 6. The Go-between: The Newspapers; 7. My Own Research in Rotterdam; 8. Conclusion; 15. Organized Crime in the Netherlands 1. Introduction; 2. The Drug Trade; 3. Trafficking in Women; 4. Trafficking in Firearms; 5. Car Theft; 6. Forms of Fraud; 7. Conclusion;16. The Administrative Approach to Organised Crime in Amsterdam: Background and Developments 1. Introduction; 2. The Transatlantic Connection: New York Policy on the Cosa Nostra ; 3. Turnaround in Dutch Views circa 1990; 4. First Initiatives in Amsterdam; 5. The Fijnaut/Bovenkerk Report on Organised Crime in the Inner City; 6. European Union Policy on Prevention of Organised Crime;III. The Emerging Criminal Policy of the European Union17. Empirical Criminological Research on Organised Crime: The State of Affairs in Europe 1. Introduction; 2. The Actual State of Empirical Research; 3. Why Such a Paucity of Original Research?; 4. In Conclusion: Some Observations on the Future of Empirical Organised Crime Research;18. Organized Crime: A Threat for the European Union? 1. Introduction; 2. The Definition and Investigation of Organized Crime; 3. The Problem of Organized Crime in the European Union; 4. Conclusion; 19. The ‘Communitization’ of Police Cooperation in Western Europe 1. Introduction; 2. The Existing Framework for International Police Cooperation; 3. The German Position in the Debate on the Reform of Police Cooperation in Western Europe; 4. The Significance of the German Initiative Towards the European Communities; 5. Conclusion;20. The Schengen Treaties and European Police Co-operation 1. Introduction; 2. Preliminaries for a Discussion about the Significance of the Schengen Treaties; 3. The Innovative Character of the Schengen Convention; 4. From the Schengen Treaties to the Treaty on European Union: The Foundation, Position, Task and Powers of Europol; 5. Final Remarks;21. Police Cooperation Along the Belgian–Dutch Border 1. Introduction; 2. The Formal Arrangements of Police Cooperation; 3. Factual Forms of Police Cooperation; 4. Conclusion;22. International Policing in Europe: Present and Future 1. Introduction; 2. The Evolution of International Police Co-operation; 3. The Establishment of Transnational Police Systems; 4. The Harmonisation of national policing; 5. The Americanisation of Policing in Europe; 6. An Evaluation of the Present Situation in Western Europe; 7. The Democratic Viewpoint; 8. The Legal Viewpoint; 9. The Operational Viewpoint; 10. The European Perspective for the Future; 11. International Policing within the European Economic Space; 12. Police Co-operation and Harmonisation with the Non-EFTA States: A Role for the Council of Europe; 13. The United Nations and International Policing in Europe; 14. Concluding Remarks 23. Policing International Organized Crime in the European Union 1. Introduction; 2. The Problem of Organized Crime; 3. The Restructuring of Police Cooperation; 4. Some Comments on the Gap between Rhetoric and Reality; 24. Intergovernmental Cooperation on Drug Control: Debates on Europol 1. The Treaty of Maastricht with Respect to Europol; 2. The European Parliament and Europol; 3. Conclusion;25. Transnational Organized Crime and Institutional Reform in the European Union: the Case of Judicial Cooperation 1. The Problem of Organized Crime in the EU; 2. Judicial Cooperation before the Treaty of Amsterdam; 3. The Treaty of Amsterdam and Judicial Cooperation; 4. Conclusions; 26. A European Public Prosecution Service: Comments on the Green Paper 1. Introductory Remarks; 2. The Appearance and Basis of the European PPS; 3. A Clay Base and an Empty Figure; 4. Mandatory or Discretionary Prosecution Principle?; 5. Harmonization of the Law of Evidence; 6. Conclusion;27. Police Co-operation and the Area of Freedom, Security and Justice 1. Introduction; 2. Police Co-operation under the Third Pillar: A General Characterization; 3. Three Important Issues in the Current Development of Police Co‑operation; 4. Police Co-operation and (Organized) Crime; 5. Visions for the Future of the European Convention and the European Commission; 6. Conclusion; IV. The Quantum Leap in the European Area of Freedom, Security and Justice28. Organised Crime in Europe and Beyond: Some General Considerations 1. Organised Crime: A Complicated and Controversial Topic; 2. Organised Crime: A Multifaceted Phenomenon; 3. Organised Crime: An Important Glocal (Global and Local) Challenge; 4. Concluding Remarks; 29. Organised Crime in Europe: A Comparative Synthesis of its History 1. The Difficulty and Importance of Historical Research, Comparative or Otherwise; 2. The Dynamics of the History of Organised Crime; 3. The Necessary Embeddedness of Organised Crime in Society; 4. The Diversity of Organised Crime in the Past; 5. Some Building Blocks for a Historical Classification of Criminal Groups; 6. The Illegal Activities of Gangs and Bandits; 30. Organised Crime in Europe: An Introduction to Sources and Literature 1. The Level of the Council of Europe; 2. The Level of the European Union; 3. The Level of the Regions: The Baltic Sea Region and the South-Eastern European Region; 4. The Level of Individual States: Germany, Italy, the Netherlands, Belgium and the United Kingdom; 5. Organised Crime in Europe: A Jigsaw Puzzle with Many Missing Pieces; 31. Organised Crime in Europe: A Picture of The Initiatives of the European Union and the Council of Europe 1. The Fight against Organised Crime in the ‘Area of Freedom, Security and Justice’; 2. The General Policy of the European Union on Organised Crime; 3. The Growing Relevance of the Fight against Organised Crime in Foreign Policy;32. Organised Crime and Its Control Policies 1. The History of the Concept; 2. Organised Crime Patterns; 3. Control Policies; 33. Introduction of the New York Double Strategy to Control Organised Crime in the Netherlands and the European Union 1. Introduction; 2. The Innovative Approach to Tackling Organised Crime in New York; 3. Application of the American Double Strategy in the Netherlands; 4. Introduction of the Double Strategy in the Meuse-Rhine Euroregion; 5. The Policy of the European Union to Contain Organised Crime; 6. Conclusion; 34. The Attacks on 11 September 2001, and the Immediate Response of the European Union and the United States 1. The Policy of the European Union before 11 September; 2. The Policy of the United States before 11 September; 3. The Response of the European Union to the Attacks; 4. The Response of the United States to the Attacks; 5. The Policy of the European Union in the Future;35. Cooperation Between the Member States of the European Union in Combating International Islamist Terrorism 1. Introduction; 2. Underestimating the Threat of Islamist Terrorism; 3. The threat of Islamist terrorism; 4. The Strengths and Weaknesses of the EU’s Policy; 5. To Conclude; 36. Intelligence Agencies in Europe and the United States: Their Reorientation after the Fall of the Berlin Wall and 11 September 2001 1. Some Thoughts on the General History of Intelligence Agencies in Europe; 2. Some Thoughts on the History of Intelligence Agencies in the United States; 3. The Reform of US Intelligence Agencies (and the Associated Debate); 4. The Consequences for the Intelligence Agencies in Western Europe; 5. Conclusion; 37. Exercising Supervision over Intelligence Services in a Historical and Comparative Perspective 1. Introduction; 2. Several examples from the history of political intelligence activities; 3. Differences are Too Great for Organising the (In)direct Supervision in a Uniform Way; 4. Conclusion; 38. Controlling Organized Crime and Terrorism in the European Union 1. Introduction; 2. A Picture of these Phenomena in the EU; 3. An Overview of the Policy Measures; 4. The Possible Role of the Constitutional Treaty; 5. Conclusion;39. The Hague Programme and Police Cooperation Between the Member States of the EU 1. Introduction; 2. The Key Points in the Hague Programme; 3. The Transformation of the ‘Hague’ Police Policy into an Action Plan; 4. Implementation of the Action Plan: Where Things Stand Today; 5. Conclusion; 40. Revolution or Evolution through the Treaty of Lisbon: Police Cooperation in Europe in a Broader Historical Context 1. The Early History of Police Cooperation in Europe; 2. Turbulent Times (1975 to 2005); 3. The Treaty of Lisbon; 4. Conclusion;41. The Meuse–Rhine Euroregion: A Laboratory for Police and Judicial Cooperation in the European Union 1. Introduction; 2. A Portrait of the Meuse-Rhine Euroregion; 3. The History of Law Enforcement Cooperation in the Euroregion; 4. The Framework of the Treaty on the European Union; 5. Recent Bilateral, Trilateral and Multilateral Conventions on Police Cooperation; 6. Enhancing Police and Judicial Cooperation in the Meuse-Rhine Euroregion; 7. The Potential Impact of the Lisbon Treaty and Future Group Reports; 8. Conclusion;42. Twenty Years Ago: The Assassinations of Giovanni Falcone and Paolo Borsellino 43. The European Parliament and Organised Crime: The Impending Failure of the Alfano Committee 44. The Past, Present and Future of General Police Cooperation within the European Union 1. Introduction; 2. A Look Back at the Recent Past; 3. From Maastricht via Amsterdam and Tampere to The Hague; 4. The Treaty of Lisbon and Police Cooperation; 5. Conclusion;45. The Refugee Crisis: The End of Schengen? V. Important Issues in the Framework of the United Nations46. The UN Convention and the Global Problem of Organized Crime 1. Introduction; 2. Three Comments on the Convention; 3. The Limits of Our Knowledge about Organized Crime in the World; 4. The Significance of the Convention for Research into Organized Crime; 5. Conclusion;47. Transnational Organized Crime 1. Introduction; 2. The Notion of Transnational Organized Crime; 3. The Contemporary Manifestations of Organized Crime; 4. Policies to Contain Organized Crime; 5. Concluding Remarks;48. The Globalisation of Police and Judicial Cooperation: Drivers, Substance and Organisational Arrangements, Political Complications 1. Introduction; 2. Drivers of the Globalisation of Police and Judicial Cooperation; 3. The Institutional Contexts of Police and Judicial Cooperation; 4. The Political Complications of Cooperation; 5. Conclusion;49. The Role of the Police Worldwide in the Containment of the Illegal Production, the Illegal trade and the Illegal Possession of Small Arms and Light Weapons 1. Introduction; 2. The SALW Problem: A Glocal Problem; 3. UN Policies and the Fight against the Trade in (Illegal) Weapons; 4. A Typical Example: The EU and the SALW Problem; 5. Towards a More Prominent Role for the Police in Dealing with the SALW Problem; 6. Conclusions and Recommendations; 50. Drug Trafficking 1. Introduction; 2. Illegal Drug Markets Today: Some Figures; 3. The Rise of the International Drug Control Regime and the Expansion of Illegal Drug Markets; 4. Production of Major Illegal Drugs; 5. Cross-border Trafficking of Drugs; 6. Smuggling of Heroin; 7. Smuggling of Cocaine; 8. Smuggling of Synthetic Drugs; 9. Smuggling of Cannabis; 10. Drug Distribution; 11. Policies against Drug Trafficking; 12. Concluding Remarks;51. Legalisation of Cannabis in Some American States: A Challenge for the European Union and its Member States?