Abstract:
The general trend towards globalization and above all, the well developed European integration (amongst other things by guaranteeing the basic freedoms established for the internal market of the European Union, by founding an economic and monetary union as well as by abolishing checks at the EU internal borders), has made the Europe of currently 28 EU Member States a “land of unlimited opportunity” for cross-border criminals, opening up new fields of business to them. In view of an increasing number of offences committed across borders, the Member States of the European Union have gradually come to realize that an “internal market of criminals” can only be countered by close/closer transnational cooperation in the field of fighting crime, a field that deeply affects state sovereignty; it can only be met effectively by creating an “internal area for fighting crime”. Often based on the achievements of the Council of Europe and Interpol, the number of regulations and institutions set up by the European Union has been steadily and inexorably increasing since the beginning of the 1990s. What the European Union has thus accomplished during the last 30 years or so, is not only a very extensive and complex web of regulations but particularly one that has been developed in a fragmentary manner, that is constantly modified and, on top of everything else, is poorly documented. It is commonly and uncomplimentarily characterised as “regulation chaos”, a “maze of rules” or similar.
Against this background, this doctoral thesis intends to present both a historical and a systematic stocktaking and an analysis of the status quo. The main objective is to compile a “situation report on fighting cross-border crime” and to critically assess how effectively cooperation works. Taking into account how the law is applied and especially considering the role of Germany, the dissertation shows how fighting cross-border crime has developed between the EU Member States. It elaborates in which areas and in which ways the fighting of crime has been Europeanized and what stage of development cross-border cooperation has reached. Following its criminological approach, the structure of this thesis tracks the stages of crime “from the idea to its realization”. Within the single stages of crime or rather – like a mirror image – within the stages of fighting crime (general crime prevention, preventative fighting crime, combating crime), cross-border cooperation is portrayed from the domestic point of view. Therefore, the regulations and institutions of the European legal system are dealt with according to the systematic approach of the German legal order and are assigned to their corresponding position within the German legal system.