Recent trends in mutual legal assistance in criminal matters : refining an indispensable mechanism to effectively combat the globalisation of crime

Abstract

The September 11th attacks have demonstrated that twenty-first century civil society, the rule of law and democracy are increasingly threatened by transnational networks of crime. Access by underworld groups to sophisticated information technologies and weaponry as well as to the various instrumentalities through which the global market economy functions is vastly increasing the potential power and influence of these groups, posing a threat to law and order and to legitimate economic and political institutions. States are duty-bound to protect their peoples against the threats posed by serious crime to their freedom and legal rights. International co-operation in Criminal Matters is a must, even though criminal justice issues have always been treated as sensitive matters in the international relations of states. Joint police and judicial action is required in order to guarantee that no safe havens are created for criminals and the proceeds they derive from their illegal activities. This co-ordination has been made possible through the 2000 Convention on Mutual Assistance in Criminal Matters between Member-states of the European Union, and the Council of Europe 2001 Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, in the sophisticated and innovative techniques that they have introduced in order to ensure that crime is outlawed.