International Criminal Law
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investigations increases concerns relating to accountability.
25
The need for national
parliamentary scrutiny of Third Pillar proposals is seen as essential since under Title
VI of the TEU there is no effective role for the European Parliament.
The proposal to set up a European police office was first considered in 1970 and
resulted from ministerial discussions considering measures to counter the growth
in terrorism. These meetings, which took place outside the formal EC structure,
produced some interesting initiatives in the area of European police co-operation.
26
In an effort to rationalise these efforts, and prompted by the view that Interpol was
not serving the interests of European countries as well as it should, Germany
proposed the creation of a specific policing agency for Member States of the EC. At
the time of the signing of the TEU in 1992, it was agreed that the Third Pillar of the
Treaty would include a commitment to the creation of a Central European Criminal
Investigation Office.
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Prior to the Europol Convention being ratified, an interim
agency, the Europol Drugs Unit (EDU) was established by ministerial agreement
and began operating from temporary premises in The Hague.
28
The role of the EDU
was to begin work on the task of police co-operation by way of information exchange
on a limited basis. At this stage, it was agreed that enquires would be restricted to
investigations into drug-trafficking. While there has been a rapid growth in the
workload of Europol, its activities have developed entirely under the auspices of
the Council of Ministers and, thus, have not been subject to any significant scrutiny
by the European Parliament. Although the Council of Ministers must provide an
annual report on the activities of Europol,
29
and consult the European Parliament
with respect to any amendment to the Europol Convention, the Ministers are under
no obligation to act upon comments or recommendations.
Article 2(1) of the 1995 Europol Convention provides that:
The objective of Europol shall be…to improve…the effectiveness and co-operation
of the competent authorities in the Member States in preventing and combating
terrorism, unlawful drug-trafficking and other serious forms of international crime
where there are factual indications that an organised criminal structure is involved
and two or more Member States are affected…
Under Art 2(2) of this Convention, Europol was empowered to deal initially with
drug-trafficking, the movement of illegal nuclear materials, illegal immigrant
smuggling, trade in human beings and motor vehicle crime. The Convention allows
further expansion of the agency’s role by listing other forms of crime in an annex to
the treaty. Thus, the Council of Ministers, acting unanimously, may decide to invest
Europol with the power to investigate any offence in the list, which covers an
extensive and diverse range of criminal activity. The annex itself may be expanded
25
See JUSTICE,
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