The European legal framework on cybercrime: striving for an effective implementation

Abstract

International audienceThis article analyzes the European legal framework on cybercrime. Initially, it argues the challenges of cybercrime to traditional criminal justice systems. Subsequently, it focuses on the criminal law framework on cybercrime with a mainly European perspective. The European legal framework provides a three-path solution: the reduction of frictions among national legislations, the introduction of new investigative powers and the facilitation of international cooperation. The article presents and discusses each solution. Further, it argues that the effective implementation of the main legal instruments does not seem to depend on the legal enforceability of these international measures. Contrarily, other, non legal, factors such as national security, politics, the economy and the public opinion appear to stimulate the spontaneous implementation of the European legal framework. In this context, the added value of the EU action is rather low, although the Treaty of Lisbon and the Stockholm Programme may improve this situation in the long term

Legal Professionals' Perspectives on the Challenges of Cybercrime Legislation Enforcement

“…Our findings on the ambiguity of laws resonate with Ajayi's (2016) identification of the challenges to the enforcement of cybercrime laws and policy, highlighting the critical issue of vague legislation that hampers effective prosecution and adjudication of cyber offenses (Ajayi, 2016). Furthermore, the jurisdictional issues underscored in our study mirror Calderoni's (2010) discussion on the European legal framework, emphasizing the dire need for cross-border cooperation and harmonization of laws to combat the inherently transnational nature of cybercrime effectively (Calderoni, 2010). The strategic and policy challenges, especially in terms of prevention and awareness, align with Salminen and Hossain's (2018) appraisal of cybersecurity's human security dimensions.…”

“…As Ajayi (2016) points out, the enforcement of cyber-crimes laws is fraught with difficulties, stemming from the inherent complexities of the internet and information systems (Ajayi, 2016). The transnational nature of cybercrime, coupled with the pace of technological advancements, complicates the legal landscape, as Calderoni (2010) emphasizes the struggle for an effective implementation of the European legal framework on cybercrime (Calderoni, 2010). The perception and readiness of law enforcement officers to tackle cybercrime further compound these challenges.…”

Cyberweapons: an emerging global governance architecture

“…China and Russia have suggested that the Shanghai Cooperation Organization is their preferred forum for cybercrime cooperation (Lewis, 2010). Notwithstanding these objections, and issues surrounding its effective implementation (Calderoni, 2010), the Convention is widely regarded as the pre-eminent framework for the prohibition of cybercriminal activities.…”

Transformation of Crimes (Cybercrimes) in Digital Age

“…However, practical implementation of such threats remained distant, as the technology and understanding of computing were still in their infancy. Thus, the 1940s stood as a time before the prevalence of cybercrime, characterized by limited accessibility to computers and a nascent understanding of their capabilities [13].…”