CONCLUSION AND SUMMARY OF ‘AN ALTERNATIVE APPROACH ’ Commissioned by the Dutch Ministry of the Interior and Kingdom Relations, the main purpose of this study is to 'learn from each other's experiences concerning the administrative approach to organised and organisational criminality. By administrative approach, we mean measures aimed at combating the misuse of criminal organisations of the legal infrastructure. This entails combating unintentional facilitating criminal activities and also combating 'undesired' developments that constitute a good breeding ground for criminal activities. Since the measures taken in the battle against organised and organisational criminality are usually related to criminal prosecutions, we refer to this as an alternative approach to organised and organisational criminality. The study is based on a quick scan of current literature, supplemented by expert interviews.
MAIN CONCLUSIONS Notably, the administrative approach, in particular, is not well known. It requires considerable explanation and case histories to clarify what an administrative approach is. In Europe, roughly speaking, we distinguish five categories concerning the degree of use of the administrative approach: 1. Orientated towards other matters. The administrative approach is not yet under discussion in the new member states (for understandable reasons). They are chiefly engaged in constructing their governmental systems. 2. Orientated towards a criminal prosecution. These are countries (frequently in southern Europe) that are primarily orientated towards criminal prosecution, where there is often a rigid separation between the police, the judiciary and public administration. Combating organised criminality is the business of the police and the judiciary, not of public administrators. 3. Orientated towards prevention. The Scandinavian countries principally conduct preventive policies and have the fewer problems with organised criminality. Although they are open to administrative prosecution, in practice there is less urgency to use such an approach. 4. Orientated towards an alternative approach. These countries are geared towards an administrative approach or have already taken several administrative measures. However, there is no coherent policy yet. Examples are the UK, Germany and Belgium. 5. Orientated towards an alternative approach. The Netherlands and Italy are seen as pioneers of the administrative approach. They have coherent administrative approaches at both local and national levels, which complement the criminal prosecution approach. The EU is chiefly orientated towards criminal prosecution. In recent years, the EU has made more recommendations that accentuate the role of public administration in
combating organised criminality. On the other hand, there are no concrete, coherent measures.
STATEMENTS There are several important indicative statements as to why countries apply or do not apply administrative measures: Political culture. Does a country place generally more confidence in criminal than in administrative law? Obviously, that is closely connected with the perception of the integrity of public administration. One can see a division between northern and southern Europe, whereby northern Europe seems to place greater confidence in public administration than is the case in southern Europe. Presumably, the more confidence one has in public administration, the more apt one is to take an administrative approach. Politcal Decisiveness. Traditionally, in many European countries there is a strong division between tasks, responsibilities and competencies of the police, the judiciary and public administration, whereby public administration usually does not undertake any tasks in combating organised criminality. Presumably, the stronger these divisions, the more political decisiveness it takes on the part of public administration (both locally and nationally) to take an administrative approach. The link between local and international perceptions. Between local and international levels, there is an observable difference in perceptions of the issue, which counteracts the administrative approach. As long as these two perceptions are at odds, an administrative approach will not find receptive ground. The scope of criminality. The degree to which one is aware of the scope of criminality in a country plays a major role in adopting an administrative approach. Only when the level of urgency is high enough (e.g. a specific reason based on public outrage) will a country be inclined to look for alternative ways of combating organised or organisational criminality.
A CO-ORDINATED EUROPEAN ALTERNATIVE APPROACH IS USEFUL Considering the increasing interdependence of European countries, Europe could assume the task of co-ordinating opposition to organised criminality. Organised criminality and organisational criminality increasingly operate internationally. Since there are displacement effects, there is a need for Europe to complement its approach with administrative measures. Criminal organisations are looking for countries with the fewest measures. This leads to the establishment of discharge points within Europe. A successful, co-ordinated and alternative European approach begins with the creation of a sense of urgency that the mutual parties (the police, judiciary and public administration) need one another at local, national and European levels to combat organised criminality effectively. Ties to local country issues are therefore essential – as well as making allowances for the political culture and institutional design of a country.
P RACTICAL EXPERIENCES The study also held two case studies, the main experiences of which are shown in the table below. Aspect Type of organised criminality Finland – Helsinki
Selling on stolen goods by legal organisations. Criminality in the catering sector. Fiscal criminality in the construction industry. Laundering money via legal organisations. Transit of drugs via Russia and Estonia. Illegal prostitution by criminal organisations in the Baltic states and Russia. No great sense of urgency, partly due to decentralised location. More attention for organised criminality through: - Increase in criminality after entry in the European Union - Economic downturn led to increase in organisational criminality Strongly preventive Target activity system: systematic monitoring of criminality Long-term action plan against economic criminality National crime prevention programme: network of Finish cities that establish neighbourhood security plans International exchange of data with Estonia, Russia and the Scandinavian countries Screening opportunities during granting of permits and awarding of contracts Cultural: people in the Scandinavian countries believe strongly in traditional prevention Institutional context: clear separation of administration, police and judiciary Considering its size, Finland can make do with a strong national approach International co-operation more important; important role for Europol EU should help new member states to develop an adequate approach to organised criminality; which is in the interest of Europe as a whole
Italy - Naples
Extortion of shops and firms Drug trafficking and transit Eco-mafia: waste disposal is in the hands of the Camorra (Neapolitan mafia) Laundering of money via legal organisations (particularly in property) For decades, Camorra has been strongly infiltrated in Neapolitan society – a fact of life for many residents. The government should therefore first win back the confidence of the local residents. Operation Clean Hands has given a new impetus to combating this problem. Win back public trust in the rule of law through: Long term: educational approach, creating awareness among the youth and young people about the dangers of organised criminality Medium term: urban development and an approach targeted at neighbourhoods to remove the source for participation in criminal activities; Short term: administrative and operational cooperation among all relevant government agencies to help civilians oppose criminality, including exchanges of information, and screening to counter economic infiltration. Cultural: Camorra is part of the Neapolitan culture Institutional context: for some years, the mayor has been part of regional security co-ordination and the administrative and repressive approaches are linked. Screening and exchange of information at European level is highly desirable; should be regulated in the EU
Reasons for an alternative approach
Type of measures
Statements
Europe