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Editorial for
Issue 1/2017
Editorial Guest Editorial eucrim 1/2017
Dear Reader, As a practising lawyer specialised in the field of criminal law and criminal procedure who is also involved in international cases − and as an enthusiastic European − I feel that we need a new and strong commitment to “our” Europe in these anxious times. We need to strengthen the EU as a guarantor for peace, our common values, human and fundamental rights, and the rule of law in our common area of freedom, security and justice. Since the Amsterdam Treaty and the Tampere Council in 1999, the legal principle of mutual recognition of judicial decisions has been... Read more
The Directive on the Right to Legal Aid in Criminal and EAW Proceedings
Genesis and Description of the Sixth Instrument of the 2009 Roadmap
I. Introduction On 26 October 2016, the European Parliament and the Council adopted Directive (EU) 2016/1919 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European Arrest Warrant proceedings. The Directive is the sixth legislative measure that has been brought to pass since the Council adopted its Roadmap on procedural rights seven years ago. The Directive, which completes the roll-out of the Roadmap,1 was a difficult measure to negotiate in view of its potentially considerable financial implications. The final text of the Directive has been welcomed by practitioners, academics, and other interested parties.... Read more
Editorial for
Issue 3/2017
Editorial Guest Editorial eucrim 3/2017
Dear Readers, A strong European Union budget, particularly its sound and correct implementation, is a key element in building trust among European citizens. The resources at the disposal of the EU need to be properly managed and well spent in order to make a real difference in people’s lives. Ensuring that these resources are not the object of fraud or corruption is therefore an essential objective. The adoption by the Council of the Regulation establishing the European Public Prosecutor’s Office (EPPO) on 12 October 2017 marks a decisive step in this direction. The EPPO will be established by way of... Read more
Editorial for
Issue 4/2016
Editorial Guest Editorial eucrim 4/2016
Dear Readers, Money laundering and other forms of illicit financial crime damage the integrity and stability of the social and economic system. Moreover, this phenomenon represents a scourge afflicting the trust of citizens in the market, both nationally and on the single market level. Especially since the nineties of the last century, when money launderers began to take advantage of the freedom of capital movements, money laundering and terrorism financing became significant problems. These forms of crime are therefore permanently on the political agenda in the EU and internationally, and remain a permanent challenge for national regulators, the European Union,... Read more
The Fight against Money Laundering in the EU
The Framework Set by the Fourth Directive and Its Proposed Enhancements
I. Introduction The recent terrorist attacks that struck France and Germany in the past year unfortunately demonstrated that the EU is far from being immune to the worst criminal threats. As a response, the Union adopted the European Agenda on Security1 and an Action Plan to strengthen the fight against terrorist financing.2 In the former, the Commission stressed the need for a new directive on combatting terrorism, while also adopting another Action Plan against the trafficking of firearms and controlling the use of explosives. The latter is part of a comprehensive approach aimed at fighting money laundering and terrorist financing.... Read more
Recent Developments in EU Anti-Money Laundering
Some Critical Observations
Since the adoption of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances in 1988,1 many efforts have been made to strengthen the anti-money laundering (AML) regime at the international level and also within the European Union, where several directives to this effect have been adopted since 1991.2 The fourth and latest EU Directive 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorism financing (4AMLD) was adopted by the European Parliament and the Council in May 2015 in order to reinforce the efficacy of the European… Read more