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Guest Editorial eucrim 3-2024
19 December 2024 (updated 10 months, 1 week ago)Articles
The Evolving Structure of Online Criminality How Cybercrime Is Getting Organised
Increasing dependency of the society on the information technologies raises concerns over vulnerabilities in cyberspace and the “dark side” of the information networks. The growth of digital operations in legitimate markets is one of the vital factors for the economic development. However, as markets and trading themselves have always attracted criminals seeking benefits from illegal activities, digital networks become a key enabler for the growth of cybercrime, both with regard to committing traditional crimes in the Internet and to developing new types of computer misuse. Cybercrime has been evolving in line with how society uses digital networks, reacting to every… Read more
Anti-Money Laundering: New Obligations Imposed by the 2012 Guardia di Finanza Circular in Italy
The initial source of the money laundering legislation that is still in full development is Directive 1991/308/EU (also known as the “first directive”) on prevention of the financial system from laundering the proceeds of criminal activities. Directive 2001/97/EU (the “second directive”) on the subject of prevention of employment of the financial system for laundering the proceeds of illicit activities demands a higher standard of obligations on the part of the Member States and extends the scope of the subjects upon whom such obligations are imposed. Italian Legislative Order 231/2007 brings into effect the Directive 2005/60/EU (the “third directive”). It introduces… Read more
Legal Nature of European Union Agricultural Penalties
The article analyses the ECJ’s judgment in Bonda (C-489/10), which addressed whether exclusions and reductions of agricultural aid under EU law constitute criminal penalties. The Court confirmed that such measures are specific administrative instruments linked to participation in aid schemes and aimed at protecting the EU budget, not criminal sanctions. Consequently, the ne bis in idem principle does not preclude subsequent criminal proceedings for the same conduct. The authors discuss the reasoning of the ECJ, its reference to ECtHR case law on the notion of “criminal proceedings,” and the implications for applying ne bis in idem under both the Charter and the ECHR in national proceedings.
Read moreMonitoring International Instruments against Corruption Any Need for Better Coordination …?
This article analyses the evolution and functioning of international monitoring mechanisms established to evaluate states’ implementation of anti-corruption instruments. After outlining the main global and regional conventions adopted since the mid-1990s, including those of the OAS, EU, OECD, Council of Europe, and the United Nations, the paper examines the diverse peer-review systems that accompany them, such as the OECD Working Group on Bribery, GRECO, the UNCAC Implementation Review Group, and MESICIC. While these mechanisms share a mutual-evaluation logic, they differ significantly in scope, procedural rigor, transparency, and political impact. The article highlights growing concerns about duplication, administrative burden, and insufficient coordination among the various evaluation bodies, especially as the EU prepares to launch its own Anti-Corruption Report. It argues that improved cross-referencing, streamlined review cycles, and structured cooperation, potentially through a joint international platform, are essential to avoid overlaps and enhance the effectiveness of global anti-corruption monitoring.
Read moreThe Reform of the EU’s Anti-Corruption Mechanism
This article examines the ongoing reform of the European Union’s anti-corruption mechanism against the backdrop of a large and vulnerable EU budget and persistent shortcomings in protecting the Union’s financial interests. It identifies two core weaknesses of the current framework centred on OLAF: the lack of effective criminal follow-up by national prosecuting authorities and recurrent concerns over the compatibility of OLAF’s investigative practices with fundamental procedural rights. The article analyses the Commission’s post-Lisbon reform initiatives, including proposals to strengthen OLAF’s investigative efficiency and accountability, improve cooperation with national authorities, Eurojust and Europol, and develop a more integrated administrative–criminal law approach. Particular attention is paid to the envisaged establishment of a European Public Prosecutor’s Office (EPPO) under Art. 86 TFEU as a potential game-changer for prosecutions of offences affecting the EU’s financial interests. The contribution argues that, if properly implemented, the combined package of enhanced OLAF supervision, better coordination, and a … Read more
Criminal Law in European Countries Combating Manipulation of Sports Results - Match-fixing*
This article examines how Council of Europe (CoE) member states address the manipulation of sports results, notably match-fixing, through their criminal law systems and what role future international instruments should play. Building on CoE Recommendation CM/Rec(2011)10 on the promotion of integrity in sport, it maps existing national approaches, showing that some states have introduced specific offences targeting manipulation of sports results, while others rely on general provisions on fraud, corruption, money laundering, or illegal gambling. The contribution highlights that, in practice, authorities largely consider existing criminal law frameworks sufficient, even though investigations and prosecutions remain uneven across Europe and complicated by the transnational nature of match-fixing and related betting schemes. It also explores jurisdictional issues and potential conflicts of jurisdiction in multi-country cases. Against this background, the article argues that any future CoE convention on match-fixing should prioritise coordinated preventive, regulatory, and cooperative measures rather than detailed harmonisation of criminal … Read more