The Council Framework Decision on the fight against organised crime: What can be done to strengthen EU legislation in the field?

The 2008 Framework Decision on the fight against organised crime provides a sophisticated framework of criminalisation on participation in a criminal organisation. However, it requires improvement both in terms of legal certainty and its scope, and in terms of the level of harmonisation it achieves. The Framework Decision is drafted in broad and vague terms which may lead to overcriminalisation. A greater degree of harmonisation is necessary not only to ensure a level playing field among Member States, but also to facilitate the operation of other elements of European criminal law. The Lisbon Treaty includes a number of provisions which may serve as legal bases for the further development of the law in the field. Any new proposal should be based on a thorough evaluation of the implementation of the 2008 Framework Decision by Member States and of the interpretation of the relevant concepts by national courts.