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From Europol to Eurojust Towards a European Public Prosecutor… Where does OLAF fit in?
Arts. 85, 86, and 88 TFUE opened up a rich debate on the construction of the European criminal law area. What role will OLAF play in the future as regards the possibilities offered by these new legal bases? The question may surprise those who are not familiar with OLAF’s activities. Indeed, OLAF carries out administrative, not criminal investigations.1 Its competences do not cover only offences but, in a wider sense, irregularities adversely affecting the financial interests of the EU.2 Above all, Regulation 1073/99 explicitly states that OLAF’s investigations shall not affect the powers of Member States to initiate criminal proceedings.3… Read more
The Payment of Fiscal and Social Debts with Seized Money, that Has to Be Reimbursed, in Belgium Where Treasury, Social Security, and Justice Meet
By law of 27 March 2003, the Central Office for Seizure and Confiscation (COSC) was created in Belgium. The new institution, established within the Office of Public Prosecutors, assists the judicial authorities in criminal matters in the areas of seizure of assets, the implementation of criminal procedure with a view to the confiscation of assets, and the enforcement of final and conclusive sentences and orders involving confiscation of assets.1 One of the forms of assistance consists of the management of all cash, seized in criminal matters all over the country. By law of 20 July 2005, a new provision was… Read more
Different Implementations of Mutual Recognition Framework Decisions
This article focuses on the different implementation solutions of mutual recognition framework decisions, based on a study of the first four framework decisions and their implementation in the Nordic Member States. The Lisbon Treaty changed the environment of EU criminal law and explicitly mentions mutual recognition in Art. 82(1) TFEU. This article also briefly analyses the change towards using either directives or regulations as mutual recognition instruments.
Read more“Yes we can!” – The UK Bribery Act 2010
The article examines the UK Bribery Act 2010 as a major reform of corporate criminal law, replacing fragmented anti-corruption legislation with a comprehensive and far-reaching framework.
Read moreTransposing the Framework Decision on Combating Racism and Xenophobia into the Greek Legal Order
The article explores the transposition of Framework Decision 2008/913/JHA on combating racism and xenophobia into the Greek legal order and situates this process within the broader development of European criminal law as a hybrid and evolving field.
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Editorial for
Issue 1/2011
Editorial Guest Editorial for Eucrim 1-2011
Dear Readers, I feel very honoured that I have been asked to introduce this issue of eucrim. Having been appointed as Director-General of the European Anti-Fraud Office (OLAF) in February 2011, I will devote my full attention to creating a new vision for the office and its dedicated staff while taking into account its sound experience as an effective administrative investigative service. OLAF’s strengths of both contributing to prevention policies and conducting investigations will be developed by further improving OLAF’s operational efficiency and internal governance. The central topic of this eucrim issue is “implementation of legal instruments” – a point… Read more