Cross-border, asset-related crime exploits a persistent enforcement gap in Germany’s confiscation regime. Existing tools — conviction-based forfeiture under §§ 73 ff. German Criminal Code (StGB) and the narrowly framed conviction-independent procedure of § 76a StGB — fail whenever offenders abscond, die, or hide behind complex offshore structures. This article addresses two research questions: (1) Can a non-conviction-based confiscation (NCBC) mechanism close this gap effectively? (2) Is such a mechanism compatible with the property guarantee of Art. 14 Basic Law and the fair-trial safeguards of Art. 6 European Convention on Human Rights?
Building on Directive (EU) 2024/1260 on asset recovery; comparative practice in Switzerland (SRVG 2015), Italy (confisca di prevenzione), and the United Kingdom (Proceeds of Crime Act 2002); and German constitutional jurisprudence, the author proposes a Vermögenseinziehungsgesetz (VEG, Asset Confiscation Act). The VEG is conceived as an in rem civil procedure before specialised chambers: the public prosecutor must demonstrate the … Read more

In April 2024, the European Union’s Regulation on the Transparency and Targeting of Political Advertising (PAR) entered into force. In further efforts to ensure a transparent, safe, predictable and trustworthy online environment within the EU — particularly in the wake of the Cambridge Analytica scandal — the Regulation aims to respond to the dangers and misuse of microtargeting, a sophisticated data-based method of online manipulation. Despite PAR’s lofty aspirations, the nature and functions of online manipulation are fraught with more conceptual and regulatory difficulties than it appears to acknowledge or resolve. First, PAR’s reliance on outmoded data protection principles and their largely unforeseeable effects on data disposition and aggregation complicate the problem of online user consent. Second, without adopting a broader “supervisory perspective” for identifying harmful microtargeting and interest misalignment, PAR risks endorsing only transparency without accountability. Third, a noticeable regulatory loophole risks prompting a surge in unregulated political advertising … Read more

This article examines the administrative penalty system under the European Union’s Common Agricultural Policy (CAP) in cases of over-declarations of agricultural land. It focuses on the “yellow card” legislation that was introduced in 2016 and applicable until 2022, analysing its practical implications. This “yellow card” system introduced reduced penalties for minor infractions but capped penalties at 100% of the granted aid. This approach can be regressive, as it eliminates additional penalties for irregularities over 50%. As a result, deterrent effects are lessened for serious infractions. Next to a legal analysis of the system, the author uses mathematical analysis to show that irregularities of over 40% do not lead to increased penalties. He argues that the approach followed has encouraged abuses and concludes that the EU should refrain from readopting a sanction system like the “yellow card” in the future.

In June 2024, the EU Anti-Money Laundering/Combating the Financing of Terrorism (AML/CFT) package came into effect. This package comprises one Directive and two Regulations that aim to harmonise and further strengthen the prevention of and fight against money laundering and terrorist financing in the European Union. This article describes the legislative choices and directions from the perspective of the Belgian Financial Intelligence Unit (FIU). The authors discuss how the new measures will impact the reporting of suspicious activities and transactions, enhance the analytical capacities of FIUs and facilitate the exchange of information with other competent authorities.
While not claiming to be exhaustive, the article highlights aspects that directly affect the day-to-day operations of the Belgian FIU. It pays particular attention to the organisation and independence of the FIU, cash transactions, direct access to financial and administrative databases, and the ability to suspend financial transactions and accounts.
As the establishment of a new … Read more

This article discusses different perspectives on translation and interpreting for courts and other organs of judicature in Germany. It draws on insights from translation studies and the law to offer a comprehensive examination of this subject. Despite productive research in legal translation studies and comparative law in recent decades, there is still a gap to bridge between the two fields: learning more from each other could improve daily translation and interpreting services and raise awareness of quality requirements and issues in interpreting and translation. German legislation has few dedicated provisions regarding the function and the scope of responsibility of translators and interpreters, and instead relies largely on extensive commentaries by legal scholars and on case law. Conversely, translation studies has been putting effort into developing tailored approaches where it intersects with legal disciplines – one example being juritraductology, which focuses on both the translation of legal texts and the “right … Read more