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Guest Editorial eucrim 3-2024
19 December 2024 (updated 2 months, 2 weeks ago)
Guest Editorial eucrim 2-2024
21 November 2024 (updated 4 months, 3 weeks ago)
Articles
Corruption and Bribery in the Wake of the COVID-19 Pandemic Responses at the International and EU Levels
This article describes the heightened risk of corruption and other criminal phenomena that accompany the financial stimulus and economic recovery measures taken by governments in the wake of the COVID-19 pandemic. International organisations (United Nations, OECD) and European organisations (Council of Europe, European Union) have identified these risks ‒ including the possible involvement of organised crime ‒ and recommended taking timely and appropriate countermeasures ranging from prevention to prosecution. The European Union has established a new conditionality mechanism for funding post-COVID-19 recovery: if a Member State does not respect the rule of law, this could undermine the principle of sound financial management, which may ultimately lead to the denial of Union funds. These measures should ideally have a positive long-term effect on transparency and good governance.
Read moreThe Impact of COVID-19 on Judicial Cooperation in Criminal Matters The Eurojust Experience
The global COVID-19 pandemic has had a far-reaching impact on the administration of public matters worldwide and on cooperation among states in general. It has also seriously impacted judicial cooperation in criminal matters. In this note, we briefly outline the direct effect the pandemic has had on judicial cooperation in criminal matters as experienced in Eurojust's casework.
Read moreThe COVID-19 Pandemic as a Stress Test on the Right to Protection of Personal Data The Case of Greece
This article aims to critically examine the limitations to the fundamental right of personal data protection in Greece by exploring three instances in which the rules and practices have put the protection of personal data under significant pressure: (1) the processing of information on individuals who obtain movement permits via SMS; (2) the tracking of COVID-19 patients; and (3) the guidelines on the management of the COVID-19 crisis by the Hellenic Data Protection Authority (DPA). The article argues that the Greek response to COVID-19 has been fraught with over-restrictive measures that go beyond what is necessary and proportionate in a democratic society. In particular, the requirement of obtaining movement permits via SMS, which has been inserted through soft law, thus without parliamentary scrutiny, has relativized data protection and has lowered individuals’ resistance to future surveillance practices marking everyday movement as a matter of interest to the state. In relation to … Read more
Le parquet européen : un projet entre audace et réalisme politique
« Le parquet européen n’est pas seulement un projet audacieux, c’est aussi un bouleversement pour les ordres juridiques internes, en particulier dans les pays, comme la France, qui connaissent encore le juge d’instruction ».
Read moreThe EPPO and the Fight against VAT Fraud: a Legal Obstacle in the Regulation?
The questionable decision to exclude the competence of the EPPO for criminal offences in respect of national direct taxes could adversely affect its capacity to fight VAT fraud.
Read moreThe Material Competence of the EPPO and the Concept of Inextricably Linked Offences
The effectiveness of the EPPO demands a functional interpretation of Art. 22(3) of the EPPO Regulation . Yet, the precise contour of this functional interpretation is far from being shaped, and such a task must be accomplished by practitioners, academics, and jurisprudence in the years to come.
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