Activities of Salvatore IACOLINO related to 2010/2309(INI)
Plenary speeches (1)
Organised crime in the European Union (short presentation)
Shadow reports (1)
REPORT on organised crime in the European Union PDF (254 KB) DOC (158 KB)
Amendments (28)
Amendment 1 #
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA,
Amendment 8 #
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the annual reports of the European Monitoring Centre for Drugs and Drug Addiction on the state of the drugs problem in Europe,
Amendment 17 #
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
- having regard to the report from the Commission to the European Parliament and to the Council based on Article 8 of Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to, crime (COM(201)176),
Amendment 78 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is convinced that organised crime is one of the key threats to the internal security of the EU; considers that, although organised crime and terrorism are often intertwingely connected with each other within illicit networks, it should be treated separately from terrorism, , and calls for a specific, horizontal EU strategy on the issue, including legislative and operational measures, the allocation of funds and a strict implementation timetable;
Amendment 82 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Member States to clarify their political will to combat organised crime, first and foremost by strengtheningby comparing – constructively – the legislation and resources designed to support the activities of their judicial authorities and police forces based on the best current experience and by assigning adequate human and financial resources for that purpose;
Amendment 88 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for all measures to counter organised crime to respect fundamental rights in full and be proportionate to achieving their objective in a democratic society, without restricting the freedom of the individual, which is constitutionally recognised in the laws of the Member States;
Amendment 95 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is aware that organised crime cannot proliferate without the aid, the complicity, or even the mere indifference of the political world, and eExpresses deep concern about the evidently increasing interpenetration of organised crime and politics, involving the creation of a so- called grey area which is seriously jeopardising the credibility and true democratic nature of the institutions; expresses equal concern over the proven ability of organised crime to infiltrate the nerve centres of general government and the economic and financial fabricattempts by organised crime to infiltrate the sectors of politics, government and finance;
Amendment 96 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the adoption of Directive 2011/36/EU on preventing and combating trafficking in human beings, a phenomenon often related to the activities of organised crime in the form of the exploitation of prostitution and labour, the removal of organs and enslavement;
Amendment 102 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Welcomes, in particular, therefore, the growing commitment shown by Member States to taking ever more effective measures to combat national and international organised crime; in this connection, welcomes the recent legislative measures taken by some Member States (including Italy) to introduce tough penalties for organised crime, including for example: (a) legal codes aimed at recognition, harmonisation and alignment with Union standards of national provisions to combat organised crime with regard to anti-Mafia prevention and certification, (b) introduction of laws to ensure the traceability of financial flows for procedures related to public works and supply contracts; (c) laws designed to punish the obstruction of administrative selection procedures for the award of contracts by public authorities (e.g. by introducing the offence of ‘obstruction of tendering procedures’); (d) substantive and procedural rules to improve the protection given to those who cooperate with the judicial process (e.g. allowing the use of remote court hearings); (e) provisions to introduce stiffer penalties for the offence of ‘Mafia-like association’ and widening the scope of this offence to include ‘foreign associations’; (f) rules to provide financial and career incentives for judges who work in so- called ‘frontier areas’ (where organised crime is more rife); (g) introduction of stricter prevention measures (especially confiscation of assets), with wider scope (including, for example, cases involving convictions or plea-bargaining in connection with the offences of extortion, money laundering or association for the purpose of drug- trafficking); (h) measures to coordinate existing national currency regulations, bringing them into line with Regulation (EC) No 1889/2005 on controls of cash entering or leaving the Community, incorporating Directive 2005/60/EC;
Amendment 105 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is dissatisfied with the extremely limitedWishes to see an ever-increasing impact on the legislative systems of the Member States of Framework Decision 2008/841/JHA on organised crime, which has not made any significantheralding a further improvement to national laws or to operational cooperation to counter organised crime; stresses, therefore, the need to review and strengthen the legislative framework and calls on the Commission to submit, by the end of 20123, a proposal for a directive which contains a less general definition of organised crime and manages better to identify the key features of the phenomenon, with due regard, however, for the different and specific characteristics of the various national legal systems; requests that, as regards the offence of membership of a criminal organisation, whilst showing due respect for different legislative systems, the abolition of the current dual approach (which criminalises both membership and conspiracy) be proposed and a range of habitual offences committed by organised crime be identified, which, regardless of the maximum sentence permitted intypical behaviours which, in the legal system of the Member States, could be deemed to constitute such a criminal offence;
Amendment 116 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to submit, as soon as possible, an organic proposal for a directive on the confiscation of assets and the proceeds of crime, accepting and supporting the urgent need package of measures designed to protect the legal economy, as already provided for in the Commission’s 2011 Work Programme; in this connection, calls for a new and uniform European legislation on the re-use of crime proceal framework to be drawn up for the confiscation and recovery of assets deriveds for social purposes, so that the capital of criminal organisations or their associates can be re-injected into legal, clean, transparent and virtuous economic circuitrom crime; stresses in particular, the need to introduce preventive sanctions and endorses the value of re-using assets and proceeds from criminal activities for social purposes;
Amendment 124 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the importance of providing appropriate protection for theprimary and secondary victims of organised crime, witnesses, informers and their families and calls on the Commission to submit, as soon as possible, a legislative proposal on this issue, the subject of which should be not only victims and their families but also witnesses and informers; calls for all types of victim to be treated equally (in particular the victims of organised crime, of duty and of terrorism) and for the protection of court witnesses to be extended over and beyond the duration of the court proceedings; proposes establishing a European fund for the protection of victims and court witnesses;
Amendment 125 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the importance of providing appropriate protection for the victims of organised crime, witnesses, informers and their families and calls on the Commission to submit, as soon as possible, a legislative proposal on this issue, the subject of which should be not only victims and their families but also witnesses and informers; calls for all types of victim to be treated equally (in particular the victims of organised crime, of duty and of terrorism) and for the protection of court witnesses to be extended over and beyond the duration of the court proceedings; proposes establishing a European fund for the protection of victims and court witnesses; in this connection, welcomes the adoption by some Member States of legislative provisions designed to improve the protection of witnesses and informers in cases related to organised crime, for example through the introduction of remote court hearings, legal appeals against measures to amend or revoke special protection measures for informers, and the exclusion of protection programmes from automatic suspension;
Amendment 128 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses that minors need special attention, treatment, protection, assistance and guidance when he or she is a victim of organised crime
Amendment 133 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to draw up a proposal for a directive to make the offence of Mafia association aensure that all forms of organised crime are punishable crime in all Member States, in order to be able to punish criminal organisations which profit from their very existence, through their ability to intimidate – even without any specific acts of violence or threats – with the aim of securing the management or control, either directly or indirectly, of businesses, concessions, authorisations, contracts and public services, or of making, for themselves or others, unfair profits or gaining unjust advantages, or of preventing or impeding the free exercise of voting rights or securing votes for themselves or others in electionsinfluencing the running of the economy, general government, public services and the electoral system;
Amendment 143 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Intends to set up, within three months of the adoption of this resolution, a special committee on the dissemination of Mafia- style criminal organisations, both from Italy and elsewhere, which operate across borders; one of its aims will be to investigate the extent of the phenomenon and the negative social and economic impact it has throughout the EU, including the issue of the misappropriation of public funds by Mafia-style criminal organisations and their infiltration into politics and general governmentthe public sector; another aim will be to identify a range of legislative measures in order to address this tangible and acknowledged threat to the EU and its citizens; calls, therefore, on the Conference of Presidents to put forward a proposal under Rule 184 of the Rules of Procedure;
Amendment 157 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reiterates its firm support for the implementation of Article 86 of the Treaty on the Functioning of the European Union concerning the establishment of a European Public Prosecutor’s Office and calls on the Commission to arrange, as soon as possible, an impact assessment on the added value of this institution, considering as bethe possibility of extending within its scope boths remit (which covers the protection of the EU’s financial interests and) to include the combating of serious cross-border organised crime, as provided for under Article 86(4) of the Treaty on the Functioning of the European Union; reiterates its request that the Commission immediately launch debates and consultations with the parties concerned, including civil society, on the establishment of the European Public Prosecutor’s Office and make all the necessary arrangements to set up the appropriate institutional infrastructure, giving Eurojust full powers and consolidating, clarifying and simplifying its relations with key players such as the European Judicial Network, OLAF and Europol and with individual national judicial and administrative institutions;
Amendment 171 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recognises that judicial cooperation between Member States is one of the pillars for combating transnational organised crime and for establishing a common area of security and justice, and calls on the Member States to honour their commitments and immediately to incorporate into their legislation all the judicial cooperation instruments that already exist at EU level, in particular the 2000 Convention on Mutual Assistance in Criminal Matters and the Framework Decision on joint investigation teams;
Amendment 173 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Is in favour of closer cooperation between Member States on recognition and proper execution of seizure and confiscation orders, which are effective means of combating organised crime and attacking the assets generated by such crime;
Amendment 186 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses the importance of promoting a culture of legality and increasing awareness and knowledge of the issue among citizens and, in general, public opinion; highlights, in this regard, the fundamental role of a frethe press, that is free from all outside influences and can thus investigate and publicise the links between organised crime and vested interests, first and foremost those of politics; expresses serious concern over all measures taken by Member States which tend to reduce press freedom or subject it to any form of controle pursuit of whose activities must be guaranteed with due respect for the fundamental right to personal dignity, honour and privacy;
Amendment 192 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Emphasises the vital importance of public sector transparency in the fight against organised crime and calls on the Commission to take action to lay down the necessary rules and ensure that the use of EU funds is fully traceable and monitored both by the competent institutions and the citizens and press; calls for this information to be promptly made available on the internet; calls on the Member States to adopt similar measures to make all transactions using public funds transparent, with particular reference to local authorities, which are more liable to infiltration by organised crime; welcomes, accordingly, the legal provisions recently introduced by some Member States with a view to ensuring the traceability of financial flows in connection with public works, service and supply contracts and to taking criminal action against anyone who interferes with administrative procedures for the award of public contracts;
Amendment 198 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for, with all due respect for fundamental rights, stricter sentencethe introduction of an appropriate system of penalties and suitable detention provisions for offences relating to organised crime and harsher prison conditions, both to discourage the commission of offences and to prevent prisoners from continuing to lead organisations during their sentences or from helping them to achieve their aims by committing further crimes; looks favourably, therefore, on the legal provisions establishing harsher penalties for the offence of mafia association that some Member States introduced very recently;
Amendment 207 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Is convinced of the intrinsic link between organised crime and corruption and emphatically reiterates the request it expressed when adopting Written Declaration 02/10, both with reference to the creation of a mechanism to assess and monitor the policies of the 27 Member States in combating corruption and with regard to the framing of a comprehensive anti-corruption policy by the EU institutions; stresses the need for a proactive approach to combating corruption and calls on the Commission to place emphasis on measures to counter politicalublic-sector corruption, that of the civil service,including that of the courts, the police and customs officers, in addition to private -sector corruption; considers it, moreover, a priority to develop effective measures to combat corruption in the neighbourhood policy and in the use of development aid funds;
Amendment 213 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Undertakes to lay down rules to ensure that those who have been convicted of membership of criminal organisations or who have committed offences relating to such organisations, including aiding and abetting, or of corruption offences,, by a judgment which has the force of res judicata, of membership of criminal organisations or of corruption offences connected with the activities of such organisations will be unable to stand for election to the European Parliament; calls on European political groups to draw up internal codes of ethics to prevent those who have been convicted, even if not n-definitively, of such offences from standing for election; calls on the Member States to lay down similar rules for national and local elections and on the national parties to draw up codes of conduct to prevent those who have been convicted, even if not definitively, of the above-mentioned offences from standing for election;
Amendment 222 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the European institutions to send out a clear message at EU level and to assert their political influence internationally with a view to curbing forms of money laundering through the use of the financial markets, in particular by: drawing up better capital control rules; encouraging a reduction of the pervasiveness of the financial markets (using tools such as the taxation of investment income and the introduction of a tax on international financial transactions); imposing increased transparency on the use of public funds, first and foremost on those to support private sector development, and carrying out a serious and effective offensive against tax havens by imposing country- by-country financial reporting on all multinational economic operators; promoting a multilateral agreement on the exchange of tax-related information whilst revising the definition of ‘tax haven’ and the list of these secret jurisdictionsrules to control both those markets and capital (including capital transfers to non-EU countries); imposing increased transparency on the use of public funds, first and foremost on those to support private sector development;
Amendment 225 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Stresses that organised crime uses communication and information technologies for illegal purposes, to commit offences involving identity theft, cybercrime, illegal gambling and rigged sports events; calls, in this connection, for the development of a coherent European legislative framework;
Amendment 229 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission carefully to monitor the transposition by the Member States of the EU directive on the protection of the environment through criminal law, to ensure that it is done promptly and effectively; requests that clarification be given by the EU institutions, to avoid problems of interpretation in the courts of the Member States, as to the civil liability of legal persons provided for in Directive 2008/99/EC; calls on the Commission to submit a proposal to extend to the EU Italy’s positive experience with the offence of ‘organised illegal waste trafficking’, as provided for in Article 260 of Legislative Decree 152/06calls on the Commission to submit a proposal to extend to the EU Italy’s positive experience with the offence of ‘organised illegal waste trafficking’, as provided for in Article 260 of Legislative Decree 152/06, bearing in mind that, in order to afford increased protection, under Article 11 of the recently enacted Act No 136/2011 such trafficking is now classed as an offence with a major social impact (and thus dealt with by the District Anti-Mafia Bureau);
Amendment 237 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Urges the Member States and the EU institutions to give due consideration to the fact that organised crime is continuing to further its own activities and interests, including by means of drug trafficking, and endeavouring to extend the global market in illegal drugs to new markets and new substances;