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18 Eur. J. Crime Crim. L. & Crim. Just. 73 (2010)
EU Cross-Border Policing Provisions, the View from One of the Schengen Opt-out States

handle is hein.journals/eccc18 and id is 77 raw text is: MARTINUS                                                               0    a
NIJHOFF                       European Journal of Crime,
P U B L I S H E R S  Criminal Law and Criminal Justice 18 (2010) 73-89   brill.nl/cl
EU Cross-Border Policing Provisions, the View from One
of the Schengen Opt-out States
Maria O'Neill
Senior Lecturer in Law, University of Abertay, Dundee, UK
i. Introduction
At first sight the developments of cross-border operational capabilities for polic-
ing are welcome improvements within the post-national setting of the EU.'
Organised crime is no respecter of borders or of differing national legal jurisdictions.
Attempts made by criminals to exploit the differences across the EU in combating
crime must be addressed. The deeper, however, we delve into the issues which come
with cross-border policing, the more complex the picture becomes. Still, the very
nature of policing differs from one jurisdiction to another, with some of the
policing role in one jurisdiction being allocated to non-police law enforcement
officers in another. While the core policing role is basically the same, historically,
the role of the police force as part of society and its modes of action are quite
varied.2 Acting as agents for their states, the police reflect the differences in the
cultures of government in each of their countries, which probably vary quite a
lot.3 While domestic debates on law and order are increasingly situated within a
European context,4 the plethora of policy actors involved within the (European)
0 J. Shaw, Postnational Constitutionalism in the European Union,JournalofEuropean Public Policy
6:4 Special Issue 1999: pp. 579-597, P- 587.
z) J.T. K.iriiinen, Trust in the Police in i6 European Counties, A Multilevel Analysis, European
Journal of Criminology, Vol. 4(4): PP. 409-435, p. 410.
3) J.T. K.5riiinen, loc.cit., p. 410.
4) S. Cope and R Starie; The Europeanization of Law and Order: Editorial Introduction, International
Journal of the Sociology of Law 1996, 24, pp. 347-352, p. 351.

DOI: 10.1163/187119110X12574292500707

©D Koninlijke Brill NV, Leiden, 2010

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