International Journal on Criminology Volume 7, Number 1, Winter 2019/2020 | Page 22

For a More Effective Fight against Cybercrime
These works are consistent with those carried out in the European Union
framework, and this project is expected to conclude in 2019.
Within the United Nations General Assembly, in 2011 the Commission on
Crime Prevention and Criminal Justice was tasked with creating an intergovernmental
expert group (IEG) devoted to drafting a comprehensive study on the phenomenon
of cybercrime. In 2013, the group submitted its report, which revealed a
division within the international community over whether or not it was necessary
to supplement the existing legal framework.
Debates highlighted significant differences of opinion over the international
legal instruments to be used in the fight against cybercrime. A majority of states,
including France, were reluctant about a new international legal text, declaring
themselves in favor of using the Budapest Convention as the legal basis for the
fight against cybercrime.
One solution in my mind is to develop a genuine and coherent cybersecurity
law, 9 rather than one that is scattered across multiple codes and texts.
The European Investigation Order (EIO)
Directive 2014/41/EU of the European Parliament and of the Council of April 3,
2014, regarding the European Investigation Order in criminal matters 10 endeavors
to unify European law on the obtaining of evidence. The European Investigation
Order replaces all of these procedures and is thus part of an essential simplification
of procedures. 11 It is a significant advance in the field of judicial cooperation
because it provides an instrument that is more consistent with the legal ambitions
of the EU and the crime-related challenges that it faces. This tool should prove to
be essential in effectively fighting crime in Europe, as the transnational dimension
of crime continues to grow. It must also be an opportunity to promote a more systematic
handling of the various facets of crime, and in its particular economic and
financial aspects.
The New Directive on Combating Fraud and
Counterfeiting of Non-Cash Means of Payment
The European Commission intends to obtain additional means of responding to
cyberattacks. According to the Commission, the current legal framework for combating
fraud and counterfeiting of non-cash means of payment (Framework Decision
2001/413/JHA, May 28, 2001) is no longer in sync with today’s technological
9 Thibault Douville, “L'émergence d'un droit commun de la cyber-sécurité,” Recueil Dalloz 39 (2017):
2255-65.
10 https://eur-lex.europa.eu.
11 Thomas Cassuto, “La directive concernant la décision d'enquête européenne en matière pénale,” AJ
pénal (2014): 338.
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