Călin BERAR
PhD Candidate
West University of Timișoara, Law Faculty
Romania
Abstract
The organized crime is nowadays one of the greatest threats to public safety both at the European and national level.
Often, it manifests itself by committing the most serious crimes such as those against the European Union's financial interests, money laundering, trafficking of prohibited substances, trafficking of persons etc.
The gravity of those acts requires a prompt response both to prevent and to combat such acts and to investigate or punish the guilty persons.
This implies the adoption of specific measures, but they should not infringe the principle of proportionality in restriction of the fundamental rights.
The EU’s legislation, within Directive 2006/24 / EC and the Romanian legislation, within Law 82/2012 and the draft law on cyber security, contain, in the name of public safety considerations, a lot of provisions which imply unjustified restrictions of the fundamental rights.
The analysis that will be done in this study will focus on the identification of root causes, so that in the end to be able to propose solutions.
Therefore, I consider that, in order to avoid such situations it is necessary for the states to play an active role within constitutional limits, to identify the main features of the organized crime, in order to distinguish this type of crime to the other ones less dangerous, to use at a terminological level in laws phrases and expressions clearly, that leaves no room for interpretation, and to focus the attention towards the protection of the fundamental rights and freedoms and not on developing sophisticated means of preventing, investigating and punishing such acts.
 Facing Organized Crime between the Need for Security and the Protection of the H | [ ] | 360 kB | 2016-06-29 15:42 |
