This article examines the judicial cooperation between Europe and Morocco in combatting organised crime and terrorism. Despite Morocco’s strategic role and its expertise in anti-drug and counter-terrorism efforts, there is currently no specific formal legal framework on the part of the European Union that governs judicial cooperation with the Kingdom of Morocco. This article analyses the relevant political and legal instruments, such as the EU-Morocco Association Agreement, the advanced status under the European Neighbourhood Policy, the EuroMed Justice and Police programmes, and initiatives by Eurojust and Europol. The analysis reveals how mutual trust is gradually being established through the convergence of Euro-Moroccan judicial and police practices. However, it also identifies structural limitations, including the heterogeneity of bilateral agreements with EU Member States and procedural divergences. While EU-Morocco judicial cooperation lacks a binding legal framework at the Union level, recent operational developments are promoting a pragmatic and effective partnership. This is … Read more

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 contribution is a comparison of the solution adopted in the European Union (EU) concerning cross-border access to electronic evidence and the Swiss law applicable in this area, based on a number of key features of the European system. It gives rise to a reflection on the prospects for relations between the European Union and Switzerland, in particular the opportunity for Switzerland to coordinate its rules with those of European law.

This article describes the role and activities of the Italian notary in the fight against money laundering. The Italian notaryship has always been committed to this fight: compared to other professional groups obliged by the relevant anti-money laundering legislation, notaries submit 91% of the reports on suspicious transactions; it recently also proposed the creation of an anti-money laundering data warehouse based on the Spanish model and considered to be an excellent tool by the Financial Action Task Force (FATF). In addition, the Italian notary will closely follow the process of new EU regulations on anti-money laundering during its presidency of the Council of the Notariats of the European Union (CNUE) in 2022. It will work to ensure that the new legislation takes into account the specificities of the notarial profession with its public function.

« 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 ».

In order to fight money laundering, efficient international cooperation in criminal matters is necessary. As Switzerland is one of the world’s leading financial centres, it is often approached by foreign states, in particular to obtain bank documents. Switzerland grants extensive judicial cooperation in money laundering matters, provided that foreign requests comply with the requirements of Swiss law on international mutual assistance in criminal matters. The purpose of this contribution is to discuss how the Swiss authorities respond to requests for mutual assistance in money laundering matters submitted by EU Member States. The article does not only give insights into the Swiss law but also into the practice to decide on MLA requests as defined by the Swiss federal courts.