Latest editorials All articles


Articles

Articles found: 320 of 344
Met-Domestici_online.jpg Alexandre Met-Domestici PhD

The Fight against Money Laundering in the EU The Framework Set by the Fourth Directive and Its Proposed Enhancements

1 December 2016 (updated 4 months, 1 week ago) // english

The article analyses the EU’s anti-money laundering (AML) framework under Directive 2015/849 (the fourth AML Directive) and the Commission’s July 2016 proposal for amendments. Met-Domestici explains how the reforms respond to terrorist financing risks and evolving laundering methods by broadening the scope of obliged entities (including virtual currency exchanges and gambling providers), adding tax crimes as predicate offences, tightening rules on prepaid cards, and focusing on politically exposed persons and high-risk third countries. The proposal also strengthens customer due diligence, beneficial ownership transparency, central registers, and cooperation between Financial Intelligence Units. While these measures mark significant progress, the author argues that long-term effectiveness requires further integration, including the possible establishment of a European FIU and extending the EPPO’s jurisdiction to money laundering and terrorism.

Read more
Jean-Baptiste Maillart / Vogel_Benjamin_Hath_MPI_2018 (002) Dr. Benjamin Vogel

Recent Developments in EU Anti-Money Laundering Some Critical Observations

1 December 2016 (updated 4 months, 1 week ago) // english

The article critiques recent EU AML moves—4AMLD and the Commission’s 2016 package—through five lenses: scope, ECDD, beneficial ownership, FIUs, and criminalisation. It welcomes extending coverage to gambling and lowering the cash threshold, but flags gaps (e.g., construction/property developers; ambiguity on letting agents) and says virtual-asset gatekeepers belong inside the regime (as the 2016 proposal suggests). The Commission’s mandatory enhanced CDD list for high-risk third-country dealings may curb forum-shopping but risks cost, de-risking, and lost intelligence; a smarter calibration of the risk-based approach is urged. Beneficial ownership registers are innovative yet fragile without verification and clear sanctions, and wider/public access raises unresolved data-protection questions. Expanding FIU powers (direct access to obliged-entity data; bank-account registries) could speed analysis but needs tighter legal limits to avoid incoherence and privacy problems. On criminalisation, the piece cautions against over-broad predicate catalogues and negligence-based offences; it argues for careful treatment of self-laundering and prioritising robust enforcement … Read more

Salazar70bearb_grau.jpg Lorenzo Salazar

The Ventotene Manifesto and the European Area of Freedom, Security and Justice

1 October 2016 (updated 4 months, 1 week ago) // english

The article reflects on the legacy of the 1941 Ventotene Manifesto in light of today’s European Area of Freedom, Security and Justice (AFSJ). While Spinelli and his co-authors could not foresee cross-border judicial cooperation or harmonised procedural rights, their call for federalism and equality foreshadowed the Charter of Rights and the AFSJ. Salazar argues that placing the individual at the centre of Europe remains the key to reviving the “spirit of Ventotene.” He highlights current shortcomings – from limited powers for Eurojust to stalled progress on the EPPO – as examples of the cost of “non-Europe,” and calls for a renewed commitment to integration, rights protection, and effective justice across the Union.

Read more
Angelo Marletta

Interinstitutional Relationship of European Bodies in the Fight against Crimes Affecting the EU’s Financial Interests Past Experience and Future Models

8 September 2016 (updated 5 months, 1 week ago) // english

I. Protecting the EU’s Financial Interests: A Shared Responsibility in a Complex Enforcement Environment The protection of the EU’s financial interests (PIF) implies a shared responsibility on the part of both the Union and the Member States. In this respect, Art. 325 para. 1 TFEU recalls the multiple levels of cooperation required to counter and combat fraud and other illegal activities affecting the financial interests of the Union. We can identify at least three levels or dimensions of cooperation in the PIF domain: The horizontal cooperation between the EU actors holding specific PIF responsibilities; The horizontal cooperation between the competent… Read more

Editorial Guest Editorial 3/2016

1 September 2016 (updated 5 months, 1 week ago) // english

Dear Readers, Cooperation on the part of national courts and executive authorities in the criminal law field is constitutive for the functioning of the area of freedom, security and justice (AFSJ). Focusing on a more or less voluntary cooperation on the part of the national authorities might initially have been an indication of the Member States’ reluctance to also give up sovereignty in the field of criminal law and criminal justice. Today, however, it is clear that the AFSJ cannot be realized without such cooperation. It is therefore of programmatic significance when “cooperation” is expressly referred to in the relevant… Read more

Michele Simonato

OLAF Investigations in a Multi-Level System Legal obstacles to Effective Enforcement

1 September 2016 (updated 5 months, 1 week ago) // english

I. Introduction The protection of the EU budget is a shared responsibility between the EU – namely the Commission – and the Member States.1 In principle, the national (administrative or judicial) authorities conduct investigations and sanction those violations of EU law that are detrimental to EU financial interests, both when they concern expenditure (e.g., structural funds) and revenue (e.g., customs duties). The readers of eucrim are certainly familiar with the developments in EU law that have taken place since the 1970s, which have entailed increasing EU intervention on the punitive aspects of the enforcement of EU policies. Such intervention mainly… Read more