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Articles found: 135 of 164
Kuhl_Lothar_2020_online.jpg Dr. Lothar Kuhl

Implementation of Effective Measures against Fraud and Illegal Activities in Cohesion Policies
An Analysis of Current Structures, a Discussion of Reform Ideas and a Look Towards Changes by the European Public Prosecutor’s Office

10 September 2020 // english

The article analyses the state of implementation and the effectiveness of measures applied by competent administrative programme authorities under shared management in the EU cohesion policy for the prevention, detection, correction and prosecution of fraud. It discusses the concrete initiatives taken to increase the preparedness of the management and control systems against fraud and presents the various components needed for a consistent administrative response in reaction to fraudulent irregularities. It also discusses possible reform ideas and looks at what will change with the European Public Prosecutor’s Office.

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Varun_VM_online.jpg Varun VM

Human Rights-Based Approach to Combat Transnational Crime

10 September 2020 // english

The article starts with discussing the impact of globalization on crime and with further details on challenges posed by transnational crime. The author uses the legal approach and the human rights-based approach to address the issue. He outlines the limitations of a purely legal approach to transnational crime and highlights the role of the human rights-based approach as well as the attribution of State responsibility to transnational crime as effective means to combat transnational crime. He concludes that through the human rights-based approach, State responsibility can be attributed to transnational crime for the default of the State to take reasonable measures, in order to prevent acts that cause core human rights violations, including the omission to cooperate in global efforts to combat transnational crime.

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van_Ballegooij_Wouter.jpg Dr. Wouter Van Ballegooij

European Implementation Assessment 2004-2020 on the European Arrest Warrant

16 July 2020 (updated 2 weeks, 4 days ago) // english

This article provides a summary of an assessment and conclusions on the implementation of the Framework Decision on the European Arrest Warrant (FD EAW) recently published by the European Parliamentary Research Service. It also contains recommendations on how to address the shortcomings identified. It is intended to contribute to the European Parliament's discussions on this topic, improving understanding of the subject, and ultimately feeding into an implementation report by the European Parliament. The study concluded that the FD EAW has simplified and sped up surrender procedures, including for some high-profile cases of serious crime and terrorism. A number of outstanding challenges relate back to core debates concerning judicial independence, the nature of mutual recognition and its relationship with international and EU law and values, constitutional principles and additional harmonisation measures. Furthermore, there are gaps in effectiveness, efficiency and coherence with other measures and the application of digital tools. The study … Read more

Hartwig_Samuel.jpeg Samuel Hartwig

Frontex: From Coordinating Controls to Combating Crime

14 July 2020 (updated 2 weeks, 4 days ago) // english

The last few years have seen the European Border and Coast Guard Agency (“Frontex”) grow ever more central to European efforts to control the external borders. The Agency moved from a merely coordinating and supporting role to a much more operational one. Frontex now engages in tasks running the gamut from surveying the borders and returning irregular migrants to combating criminal activity. To make this possible, the financial and personnel resources at the disposal of the Agency were increased substantially. This article first sheds some light on the historical background of the Agency. It then traces the successive mandate revisions and the growth in power they entailed. The article then examines how crime fighting was introduced into Frontex’ mandate, before analysing the Agency's contribution to combating criminal activity and its implications.

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Dr. Andreas Kangur / Lott_Alexander_sw2.jpg Dr. Alexander Lott / Soo_Anneli.JPG Dr. Anneli Soo

Are EU Administrative Penalties Reshaping the Estonian System of Sanctions?

14 July 2020 (updated 2 weeks, 4 days ago) // english

EU legislation on administrative penalties has prompted an intense discussion in Estonia on whether to resurrect a measure from the past, namely administrative penalties. These penalties were abolished in Estonia in 2002, with all minor offences since then being classified as misdemeanours. Proponents of the administrative penalty procedure raise two main arguments: first, that the EU requires transposition of administrative penalties laid down in EU legislation specifically under a domestic administrative procedure; and second, that an administrative procedure would be a speedier and effective way to detect and punish offenders. In 2019, the authors of this article carried out a research project for the Estonian Ministry of Justice to map out the options for transposing EU administrative sanctions into Estonian law and to assess their compatibility, feasibility, and consequences. This paper summarizes the main results of that project.

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Perez Marin.jpg Prof. Dr. Mª Ángeles Pérez Marín

The European Public Prosecutor’s Office
Protecting the Union’s Financial Interests through Criminal Law

3 July 2020 (updated 2 months, 3 weeks ago) // english

The protection of the financial interests of the European Union and the defence of the European financial system are two aspirations that have accompanied the European Union since its foundation. They are part of the nature of the Union, which was born to overcome the economic crisis installed in Europe after the Second World War. Today, such objectives have been recognized in the Treaty on the European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). The undeniable economic imprint of the Union is shown in the different areas in which its legislative activity is carried out. The ambitious financial policy only makes sense on a solid economic and financial context, which requires the protection of the budget and the prevention and sanction of conducts undermining the economic pillars. The European Public Prosecutor´s Office (EPPO) marks the turning point in criminal policy that seeks to strengthen … Read more