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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.
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Editorial for
Issue 4/2012
Editorial Guest Editorial eucrim 4/2012
Dear Readers, I am very pleased to introduce this issue of eucrim, devoted to the fight against organised crime − a very complex criminal phenomenon covering a wide range of serious offences threatening the security and fundamental rights of EU citizens, the proper functioning of business and public institutions, and the solvency of the economy and financial markets. To tackle organised crime and bring criminals to justice, competent authorities of Member States and EU agencies need to work together, align their actions, and ensure complementarity. Eurojust’s core tasks, ensuring proper cooperation and coordination, contribute to these goals, resulting in swiftly… Read more
Editorial for
Issue 1/2012
Editorial Guest Editorial for eucrim 1-2012
Dear Readers, In 2009, the Group of States against Corruption (GRECO) − the Council of Europe’s body responsible for monitoring the implementation of the anti-corruption instruments of the organisation, including the Criminal and Civil Law Conventions on Corruption and three “soft law” instruments – celebrated its tenth anniversary. Three evaluation rounds have so far been completed. A fourth round is being launched in 2012, which will focus on corruption in the judiciary and in parliaments. Over the last decade, most of the 49 GRECO Member States have done much to improve their laws, institutions, and working methods to prevent and… Read more
Monitoring 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.
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