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84 The emergence of European Union environmental criminal law – Part I : Hedemann-Robinson [2008] 3 Env. Liability
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– approximation, where necessary, of rules on criminal In addition to facilitating cross-border cooperation
matters in the Member States, in accordance with between national authorities, the third pillar envisages a
the provisions of Article 31(1)(e). deeper level of collaboration among Member States on the
subject of crime. Specifically, the third indent of the second
Articles 30–32 EU flesh out in detail the essential paragraph to Article 29 EU envisages the approximation of
parameters of interstate cooperation with regard to the national criminal laws, where necessary. Such legal
first two indents of the second paragraph of Article 29 EU. integration is to be conducted ‘in accordance’ with Article
Those first two indents are intended to provide a basis for 31(1)(e) EU which provides:
developing cooperation between Member State authorities
on addressing the handling of cross-border crime, the major Article 31 Common action on judicial co-operation in
preoccupation of the third pillar. Article 30 EU foresees a criminal matters shall include:
number of steps to be taken in the field of police cooperation […]
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between Member States and at European level through (e) progressively adopting measures establishing
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Europol and the European Judicial Cooperation Unit minimum rules relating to constituent elements
(Eurojust). Collaboration between national police of criminal acts and penalties in the fields of
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authorities is to include: operational cooperation in relation organised crime, terrorism and illicit drug
to the prevention, detection and investigation of offences; 111 trafficking.
exchange and management of information held by law
enforcement services subject to personal data protection; 112 Whereas the initial version of the third pillar provided a
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cooperation and joint initiatives research; and common limited and conservative range of policy instrumentation
evaluation of particular investigative techniques used to for implementing its agenda, later amendment by virtue
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detect serious forms of organised crime. Article 31(1) of the ToA made some important changes. Specifically, the
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EU provides that common action on judicial cooperation amended and current version in Article 34(2) EU offers
in criminal matters at national level between national the possibility of a broader range of pillar three measures
authorities shall include: facilitating and accelerating being adopted, namely: common positions; framework
cooperation between national authorities in relation to decisions for the purpose of approximation of Member State
proceedings and enforcement of decisions; facilitating rules; decisions for pursuing objectives other than
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extradition between Member States; ensuring compatibility approximation; and conventions. Of most significance is
of national rules where necessary to improve judicial the innovation of the framework decision, a legislative-type
cooperation; preventing jurisdictional conflicts between instrument not requiring ratification (unlike the format of
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Member States; and progressively adopting measures a convention) as described in Article 34(2)(b) EU:
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establishing minimum rules relating to constituent elements
of criminal acts and penalties in certain fields of crime. 118 Article 34
Article 32 EU requires the Council to stipulate the […]
conditions and limitations under which national police and 2. The Council shall take measures and promote co-
judicial bodies may operate in territories of other Member operation, using the appropriate form and
States in liaison and in agreement with the authorities of procedures as set out in this Title, contributing to
the host Member State. the pursuit of the objectives of the Union. To that end,
acting unanimously on the initiative of any Member
State or of the Commission, the Council may:
[…]
107 Article 30(1) EU. (b) adopt framework decisions for the purpose of
108 See arts 30(2) and 31(2) EU. approximation of the laws and regulations of the
109 The European policing body established by the 1995 Europol
Convention (OJ 1995 C316/1). Member States. Framework decisions shall be
110 Eurojust is an EU agency established to facilitate cross-border binding upon the Member States as to the result
cooperation between national prosecutors (OJ 2002 L63/1).
111 Article 30(1)(a) EU. to be achieved but shall leave to the national
112 Article 30(1)(b) EU. authorities the choice of form and methods. They
113 Article 30(1)(c) EU. shall not entail direct effect.
114 Article 30(1)(d) EU.
115 Article 31(1)(a) EU.
116 Article 31(1)(b) EU.
117 Article 31(1)(c) EU.
118 Article 31(1)(e) EU. 119 Former art K.6 EU.

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