ABSTRACT

The Swedish Initiative, like the Commission's Proposal, foresees broader scope of information availability than only combatting terrorism and it includes other crimes as well. The Framework Decision 2006/960/JHA was the first attempt to implement the principle of information availability, where Member States, after sound declaration of the need to significantly improve information exchange, have chosen quite superficial mechanism for its implementation. According to Articles 2 and 7 of the Commission's Proposal, the information exchange would take place before the commencement of a prosecution, and for the purposes of prevention and detection as well as investigation of crimes for which information has been provided. Despite quite superficial regulations in general, Framework Decision 2006/960/JHA contains two Annexes that provide the forms that must be used as requests and as denial. As the Swedish Initiative by itself is a very laconic legal instrument, provisions on data protection tend to be too, and are regulated by Articles 8 and 9.