Committee on Legal Affairs (JURI)

By Emilia Borrusch (FI)

A few bad apples?: With some Member States, such as Germany, reporting the highest rates of youth criminality this decade and given that socio-economically disadvantaged young people get more frequently involved in violent and criminal activity than their peers, how can the EU seek to address the factors and causes of youth crime, and thus create better support mechanisms for both potential and already convicted offenders?

Introduction

Crimes are committed everywhere. They are, unfortunately, not as uncommon of an occurrence as one might hope which is why most don’t find them jarring. What might be shocking to many, however, is just how pervasive youth criminality is. Whilst smaller, less harmful crimes such as staying out beyond curfew rarely have an effect on someone’s life, more serious offences, especially when committed at a young age can negatively affect one‘s future. Convictions often restrict their job opportunities and their social life can be threatened. One of the main outlets of juvenile crime within the European Union is the youth’s involvement in organised crime. These criminal organisations, often referred to as “street gangs” operate in nearly all European Member States, many of them acting internationally, and are especially common in urban and less socioeconomically and educationally advanced areas. Young adults often get recruited into these organisations at an early age over family and social ties.

Key Actors and Stakeholders

The European Commission is the executive branch of the European Union, thereby being responsible for implementing new laws. The European Commission is a governing power and can propose new legislation and actions to take to the Member States. It plays an important role in this discussion, since crime prevention is a relevant topic that is worked on by the decision-makers of the Commission. Particularly the Directorate General for Justice and Consumers (DG JUST) works with issues regarding law and crime. The DG JUST uses a wide range of tools, like targeted legislative actions, non-legislative actions and enforcement tools aimed at ensuring the effective application of EU laws.

The Member States of the European Union play an important role in jurisdictional affairs, as they each have their own laws and constitutions. There are some competences shared between each Member State as they must appeal to the general EU legal framework and constitutional law, however the countries have a say in changing this and the power to implement and change these laws within their own country.

The European Crime Prevention Network (EUCPN) aims to aid the European Union’s political and legal framework for crime prevention by conducting research presented in a database, launching campaigns and offering workshops and support groups on the topic of preventing and dealing with crime. An example of a project launched by EUCPN is INDEED, a database and network meant to prevent politically extremist violence and ISF Sword which aims to fight organised property crime. They work with regional, national and international policymakers and organisations and are present all over the EU.

European Institute for Crime prevention and Control (HEUNI) is part of the United Nations and acts regionally in Europe. It is run under management of the Finnish Ministry of Justice and functions as an independent institution. HEUNI conducts research on all areas of crime, from justice processes to gender based violence and creates strategies and publications for policymakers to utilise for crime prevention and control.

The European Committee on Crime Problems (CDCP) was set up in 1958 by the Committee of Ministers to coordinate the Council of Europe’s operations in the field of crime prevention and control. The CDCP hosts conventions and publishes reports as well as conducts criminological research and proposes new strategies to the Committee of Ministers and Council of Europe for new policies and laws to be implemented.

Europol is an international organisation, working with Member States and other countries in Europe. It became an official EU agency in 2010 and since then has played a significant role in combating organised crime such as cybercrime, drug trafficking, fraud or money laundering. Europol also analyses crime trends in Europe and converses with Member States to establish plans of action which are then mandated by EMPACT.

The European Union Agency for Criminal Justice Cooperation (EUROJUST) aims to make the European Union a safer space by coordinating the work of national authorities and investigating as well as prosecuting crimes internationally. Eurojust executes this by providing an on-call coordination service for criminal investigations across borders, assistance with preparation judicial cooperation, translations and action days for time-efficient investigation management.

Legal aspects and terms to know

The age of criminal responsibility is a key factor in youth crime, as it determines at what age the individual can be held legally responsible for their actions. This varies in each Member state as it is part of the country’s own legislation. The most common age of criminal responsibility in the European Union is 14, meaning that those below 14 are not considered legally responsible even when committing crimes.

One measure that is often debated to be an aid to those previously convicted is social reintegration. When those convicted have served their punishment, some governments believe in the concept of reintegrating them into society by preparing them in a special program; this is most commonly the case with citizens released from imprisonment. Countries such as Portugal have legally set goals for these programs which include actions like regular visits and counselling with reinsertion technicians as well as frequent communication with the magistrate. These actions are aimed to prevent crime through monitoring the individual‘s activities and state of mind.

In most legal systems, there are generally different “levels” of crime, sort of like a grading system to refer to when considering how badly punishable a crime really is. Here, it is decided if the crime at hand is a felony, a misdemeanour or an infraction. An infraction, commonly referred to as a violation, is the least serious of the above, referring to minor offences such as simple traffic violations like speed tickets or jaywalking. Misdemeanours and felonies are more serious crimes that are often judged by the extent of their results. Felonies are the most serious crimes, punishable by longer prison sentences or comparable punishment while misdemeanours are often served with other punishments such as community service or probation.

A criminal record can very well affect someone’s future life. Whilst minor offences can be barred by limitation and not influence one’s life after some time, more serious crimes can. In the European Union this is especially relevant, as the European Criminal Records Information System (ECRIS) connects criminal histories of multiple countries and ensures for a decentralised database, strengthening safety of criminals fleeing abroad.

Measures in place

The Centre for the Prevention of Youth Crime was established by The German Youth Institute in 1997. Through this project, it has been able to provide strategies and updated research on current developments in law as well as victimisation of young people and their delinquencies. It compares and studies different approaches of prevention such as school activities or youth service and creates empirical studies to provide to policymakers and the media. It is however important to note that whilst the strategies within the Centre are created, they are not yet fully enforced.

The European Multidisciplinary Platform against Criminal Threats (EMPACT) is a multilateral cooperation, fighting organised crime at an EU level. EMPACT evaluates threats and prioritises plans of action for Europol to take in the EU, other European countries and even the private sector if deemed applicable. They also set the general priorities in the field of crime prevention and management for the Council of Europe and other EU institutions.

The European Council for Juvenile Justice (ECJJ) is a forum for juvenile justice institutions and experts. Launched by the International Juvenile Justice Observatory (OIJJ) in 2009, it is divided into four sections, bringing together academic individuals and institutions, non-governmental organisations‘ representatives, public administrations and judiciary professionals to create a dialogue and release publications considering all sides of youth criminality.

The Gothenburg European office along with other Swedish institutions and the YoungEast and Bradow Youth Diversion project have set up a workshop to protect youth from organised crime. Their main objective is to work further in the EU youth strategy by exploring the concept of youth empowerment where the target group specifies youths at risk and establishing strategies on how societal inclusion and empowerment of them can be supported through the European Social Fund (ESF+).

Key Conflicts and food for thought

Lack of research and regard for the topic of juvenile crime: When you’ll be preparing yourself for the session, it’ll stand out immediately that there are not many sources to be found, with most of them being outdated and finding exact statistics continuing to be a challenge. This is due to the still existing lack of research and consideration of the topic of youth crime.

Judgement and disregard of juvenile delinquents: Society at large often is very judgmental and insensitive to youth criminals. Of course crime is bad, but to what extent should those who commit it be punished socially? There are different levels of crime of course, but especially in regards to juvenile felons, it‘s clear that they are often judged and rejected by the rest of society. It‘s a vicious cycle of social isolation, getting involved with the „wrong people“ as a result of the social rejection and getting involved in (more often than not) organised crime.

Young people are impressionable: It’s no secret that young people want to fit in with their peers. Many young people feel pressured to do things such as drink alcohol or smoke because in their social circle it might be considered grown up and cool to do so. Wanting to fit in is a natural part of a young person’s psychology, so if the people in one’s social circle are involved in crime, they are more likely to participate in it as well.

“You do not have a future”: This phrase can be heard in classrooms and conversations all over the world. It is expected of young people to do good things and people who misbehave or, in the worst case, commit crimes as a young person are often labelled „bad“ by the society. However, this issue goes beyond the social rejection issue mentioned previously. A criminal record can affect one‘s future life, but it‘s also the narrative that is truly harmful, as it often strips away the individuals from a motivation and willingness to persist through their difficulties.

Research tasks

Now it‘s up to you: What other issues do you think play a role in youth criminality in the EU? Make sure to explore this issue and be ready for discussion at the session!

It’s time to dive deeper: Your own research exercise to ensure you are prepared for the session. You are free to choose a Member State of the European Union and answer the following questions about it. Please bring your research to the session to share with your fellow delegates.

Questions for your research:

What is the crime rate in the country?
How much juvenile crime is there?
What could be the main causes for juvenile crime in the country? How could they be prevented?
What is a successful measure the country might have already taken to prevent juvenile crime?
What has the country failed to do for crime prevention?

Links for further research

Read this article on the age crime curve and how age and crime tie together.
Watch this Ted Talk on the roots of youth crime.
Read this article on crime statistics and impact.
Watch this BBC Video on young adult offenders and their life experience
Read this study on juvenile delinquents‘ reentry into society