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Research Papers

Has Law Enforcement Been Europeanized? EU Instruments to Fight Organised Crime Adaptation in Finland and Estonia

Ramon Loik, Estonian Academy of Security Sciences

(Joint paper with Erkki Hamaelainen)

Law enforcement and police cooperation as central part of the European Union internal security policy to combat organised crime, needs to be more effective by adopting specific provisions. The paper argues that joint decisions required removing barriers but sometimes misfits for better police cooperation in practice, if Europeanization of law enforcement still lacks for understanding of the objectives and principles for improving international cooperation, and adequate national support. To obtain sufficiently comprehensive information on the practical implementation of the EU legal instruments, some central instruments are examined in both ratione temporis and ratione materiae. The voluntary disclosure of information to other Member States is examined in respect with the principle of loyalty. The implementation of the Europol Organised Crime Threat Assessment (OCTA) and related EU Council priorities is discussed as an example of translating policy goals into practical EU law enforcement cooperation. The paper aims to examine in particular how the actors on the field of criminal justice who apply the legal instruments, e.g. pre-trial investigation authorities and other national bodies closely associated with the implementation (e.g. the legislator, ministries and government) follow the EU provisions for combating organised crime. The study is close to implementation research insofar as governments` activities are examined from the angle of national implementation of the EU law. There are some important aspects characterizing to what extent Finnish and Estonian law enforcement have been transformed in line with the EU legislation analyzed to deepen understanding whether the respective practices under adaptation pressure became more European. The research explains how the measures for fight organised crime and related legal instruments have been implemented in Finland and Estonia as common Schengen transit-corridor along the EU North-East external border.