States dilute gangster law

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Series Details Vol.12, No.3, 26.1.06
Publication Date 26/01/2006
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By David Cronin

Date: 26/01/06

EU governments are to water down a Commission plan for tackling organised crime to meet objections that it might conflict in some states with freedom of association.

Justice and interior ministers are to discuss the proposal at their meeting on 20-21 February.

The Commission warned when it unveiled the proposal last year that crime gangs were exploiting differences in national legal systems. It recommended that all 25 EU governments agree on a common definition of organised crime. It wanted to encourage longer sentences for offences already punishable by national laws if they were undertaken by a mafia-style organisation. The Commission argued that EU states should set minimum prison sentences, to reflect the "degree of participation" in a gang.

But some EU governments said the proposal would conflict with what an internal Council of Ministers' document calls their "constitutionally entrenched protection of freedom of association".

Denmark, France, Ireland, the Netherlands and Sweden are among the objectors. Sweden's constitution, for example, states that the freedom of association should only be curbed if groups of a military nature were set up or if a group was involved in racial persecution.

But EU diplomats agreed to a new clause in the proposal stating that no country should be required to take measures that would contradict "constitutional rules relating to freedom of association".

A Commission source said that it would have preferred a "more ambitious approach" but it was willing to accept the requested changes.

Article reports that EU governments were planning to water down a European Commission Proposal for a Council Framework Decision on the fight against organised crime presented on 19 January 2005. The Councils amendments were to meet some Member States objections that the proposals might conflict with freedom of association. Justice and Interior Ministers were to discuss the proposal at their Council meeting on 20-21 February 2006.

Source Link http://www.european-voice.com/
Related Links
European Commission: DG Freedom, Security and Justice: Organised Crime http://ec.europa.eu/comm/justice_home/fsj/crime/fsj_crime_intro_en.htm
European Commission: DG Freedom, Security and Justice: Documentation Centre: Organised Crime http://ec.europa.eu/comm/justice_home/doc_centre/crime/doc_crime_intro_en.htm

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