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Articles found: 335 of 361
Prof. (em.) Dr. iur. Dr. iur. h.c. mult. Klaus Tiedemann Prof. (em.) Dr. iur. Dr. iur. h.c. mult. Klaus Tiedemann

Guest editorial eucrim 2-2012

24 July 2012 // english

Dear Readers, In 1997, a group of researchers called upon by the European Commission presented guidelines for the improvement of the criminal law protection of the financial interests of the European Union. In addition to proposals for substantive-legal models, the draft − which was published in its final version as “Corpus Juris” in 2000 − contained a proposal for the establishment of an independent and decentrally organised European Public Prosecutor. As a member of the above-mentioned research group, I was glad to witness the shift from initial scepticism and widespread criticism of this bold and progressive idea by representatives of… Read more

Editorial Guest Editorial for eucrim 1-2012

5 March 2012 // english

Dear Readers, In 2009, the Group of States against Corruption (GRECO) − the Council of Europe’s body responsible for monitoring the implementation of the anti-corruption instruments of the organisation, including the Criminal and Civil Law Conventions on Corruption and three “soft law” instruments – celebrated its tenth anniversary. Three evaluation rounds have so far been completed. A fourth round is being launched in 2012, which will focus on corruption in the judiciary and in parliaments. Over the last decade, most of the 49 GRECO Member States have done much to improve their laws, institutions, and working methods to prevent and… Read more

 Lorenzo Salazar Lorenzo Salazar

Monitoring International Instruments against Corruption Any Need for Better Coordination …?

1 January 2012 (updated 1 month, 2 weeks ago) // english

This article analyses the evolution and functioning of international monitoring mechanisms established to evaluate states’ implementation of anti-corruption instruments. After outlining the main global and regional conventions adopted since the mid-1990s, including those of the OAS, EU, OECD, Council of Europe, and the United Nations, the paper examines the diverse peer-review systems that accompany them, such as the OECD Working Group on Bribery, GRECO, the UNCAC Implementation Review Group, and MESICIC. While these mechanisms share a mutual-evaluation logic, they differ significantly in scope, procedural rigor, transparency, and political impact. The article highlights growing concerns about duplication, administrative burden, and insufficient coordination among the various evaluation bodies, especially as the EU prepares to launch its own Anti-Corruption Report. It argues that improved cross-referencing, streamlined review cycles, and structured cooperation, potentially through a joint international platform, are essential to avoid overlaps and enhance the effectiveness of global anti-corruption monitoring.

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 Alexandre Met-Domestici PhD Alexandre Met-Domestici PhD

The Reform of the EU’s Anti-Corruption Mechanism

1 January 2012 (updated 1 month, 2 weeks ago) // english

This article examines the ongoing reform of the European Union’s anti-corruption mechanism against the backdrop of a large and vulnerable EU budget and persistent shortcomings in protecting the Union’s financial interests. It identifies two core weaknesses of the current framework centred on OLAF: the lack of effective criminal follow-up by national prosecuting authorities and recurrent concerns over the compatibility of OLAF’s investigative practices with fundamental procedural rights. The article analyses the Commission’s post-Lisbon reform initiatives, including proposals to strengthen OLAF’s investigative efficiency and accountability, improve cooperation with national authorities, Eurojust and Europol, and develop a more integrated administrative–criminal law approach. Particular attention is paid to the envisaged establishment of a European Public Prosecutor’s Office (EPPO) under Art. 86 TFEU as a potential game-changer for prosecutions of offences affecting the EU’s financial interests. The contribution argues that, if properly implemented, the combined package of enhanced OLAF supervision, better coordination, and a … Read more

 Carlo Chiaromonte Carlo Chiaromonte

Criminal Law in European Countries Combating Manipulation of Sports Results - Match-fixing*

1 January 2012 (updated 1 month, 2 weeks ago) // english

This article examines how Council of Europe (CoE) member states address the manipulation of sports results, notably match-fixing, through their criminal law systems and what role future international instruments should play. Building on CoE Recommendation CM/Rec(2011)10 on the promotion of integrity in sport, it maps existing national approaches, showing that some states have introduced specific offences targeting manipulation of sports results, while others rely on general provisions on fraud, corruption, money laundering, or illegal gambling. The contribution highlights that, in practice, authorities largely consider existing criminal law frameworks sufficient, even though investigations and prosecutions remain uneven across Europe and complicated by the transnational nature of match-fixing and related betting schemes. It also explores jurisdictional issues and potential conflicts of jurisdiction in multi-country cases. Against this background, the article argues that any future CoE convention on match-fixing should prioritise coordinated preventive, regulatory, and cooperative measures rather than detailed harmonisation of criminal … Read more

 Martin Příborský Martin Příborský

The European Union and the UN Convention against Corruption

1 January 2012 (updated 1 month, 2 weeks ago) // english

This article examines the European Union’s role and obligations under the United Nations Convention against Corruption (UNCAC), to which the EU acceded in 2008 as the only regional economic integration organisation. It first outlines the scope and structure of UNCAC and its implementation architecture, including the Conference of the States Parties and the peer-review Implementation Review Mechanism. The article then analyses the specific legal position of the EU: its declaration of competences (pre- and post-Lisbon), the partial and evolving nature of its UNCAC obligations, and the practical consequences for representation and voting. Particular attention is paid to the EU’s failure so far to join the UNCAC review mechanism, despite being a State Party, and to the legal, institutional, and political challenges this raises – notably the need to update the EU’s declaration of competence, to define which provisions and institutions should be reviewed, and to arrange an appropriate review set-up. … Read more