The Phenomenon of "Organized Crime" in the European Union: Conceptual debate at national and European levels

At the level of crime policy, the question of what constitutes organized crime continues to be debated. It remains unclear how organized crime is to be distinguished from other forms of organized criminality, such as complicity in, participation in or commission of a crime as a member of a gang or a criminal association, and it is further unclear which criminal actions can be classified as organized crime concerning participants with positions of influence within the organization. The practical usefulness of a general definition for organized crime lies primarily in the creation of a legal basis on which regulations of the jurisdiction of the police and the judiciary, as well as cooperation between the various national and international agencies, can be established. The present research paper outlines and analyzes different efforts of national law enforcement agencies and international organizations, particularly of the European Union, to isolate conceptually the phenomenon of organized crime. The study shows that each member state tries to define the phenomenon of organized crime in its own way and, considering different national circumstances, varies in its judgment. Also, attempts by international organizations contributed rather sparsely to a clear delimitation of the phenomenon. The difficulty of the conceptual clarification of the phenomenon lies in the fact that organized crime appears in all areas of unlawful conduct. Therefore, a precise definition of organized crime, which would be very helpful in investigation and criminal proceedings, is simply not possible.