A challenge to be accepted by European democracies : the observance of human rights and the efficiency of the fight against criminality

Abstract

The safeguard and promotion of pluralist democracy, to which the whole of Europe is now committed, are no longer safe from growing threats, such as increasingly violent crime that is very much present especially, but not exclusively, in the nascent democracies. This not only causes formidable problems of law and order but also poses a constant threat to the proper functioning, and indeed the very survival, of democratic institutions. It is even suspected that important political and judicial decisions may have been directly influenced by criminal organisations. In any case, the weakness (be it genuine or presumed) of public institutions vis-a-vis crime gives rise to widespread disillusionment which, in turn, nurtures nostalgia for the "strong arm" of authoritarianism or dictatorship. The widespread desire for more draconian penal policies, for stronger justice and harsher punishment at whatever cost, the ref ore comes as no surprise. "Aim at the head!" is an exhortation that can scarcely be regarded as a mere metaphor, particularly when heard echoing down the corridors of police training colleges. [excerpt]