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Busch_4160_Passbild_USA_online (002) Markus Busch LL.M. (Columbia University)

Negotiation and Transposition of the PIF Directive ‒ The German Perspective

17 November 2021 (updated 2 years, 4 months ago) // english

This article reflects on the negotiations concerning Directive (EU) 2017/1371 of the European Parliament and of the Council on the fight against fraud to the Union’s financial interests by means of criminal law (the “PIF Directive”) and discusses some of the controversial issues at that time from a criminal law policy perspective. Germany’s approach to the transposition of the PIF Directive is explained, and the article also presents the corresponding amendments made to the German Criminal Code as well as the provisions in the newly created Act to Strengthen the Protection of the EU‘s Financial Interests (EU-Finanzschutzstärkungsgesetz).

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Sorina Emilia Buksa / Georg Roebling

The New Union Anti-Fraud Programme

17 November 2021 (updated 2 years, 4 months ago) // english

As part of its current Multiannual Financial Framework (MFF), the European Union (EU) adopted a new Anti-Fraud Programme on 29 April 2021. It merges the support previously offered under the Hercule III Programme with the Anti-Fraud Information System. Both the increased MFF budget and the launch of a dedicated Customs Control Equipment Programme shift the focus of support under the new programme towards fighting expenditure fraud, including fraud related to the Recovery and Resilience Facility. This article provides an overview of the main features of the new Anti-Fraud Programme and compares it to the Hercule III Programme.

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Arwidi_Charlotte_online Charlotte Arwidi / Kreith_Clemens_online Clemens Kreith

Protecting the EU’s Financial Interest in the New Recovery and Resilience Facility – The Role of the European Anti-Fraud Office

17 November 2021 (updated 2 years, 4 months ago) // english

The Recovery and Resilience Facility (RRF) is a key initiative providing up to €723.8 billion in support of Europe’s economic and social recovery from the Covid-19 pandemic. In light of the unprecedented scale and delivery mechanism of the Facility, the question arises as to how the European Union’s financial interests in the RRF will be protected against fraud and corruption? To answer this question, this article provides an analysis of the legal safeguards in the EU’s Regulation establishing the Recovery and Resilience Facility for the protection of the EU’s financial interests. It also gives a practitioner’s view of the role of the European Anti-Fraud Office (OLAF) in the Commission’s assessment of the national recovery and resilience plans and describes the part OLAF will have during the upcoming implementation phase of the Facility. Ultimately, it is argued that the combined efforts of all actors will be needed to ensure that the … Read more

Editorial Guest editorial eucrim 3-2021

17 November 2021 (updated 2 years, 4 months ago) // english

Dear Readers, This eucrim issue comes at a critical juncture in the protection of the EU taxpayers’ money and the work of the European Anti-Fraud Office (OLAF). Like everyone, we at OLAF soon hope to see the light at the end of the pandemic tunnel and gradually return to a “new normal” lifestyle. For OLAF, these times mark an important turning point, namely confirmation that the EU has made substantial progress in modernising the EU framework to fight fraud against its financial interests. I especially welcome the start of operations of the European Public Prosecutor’s Office (EPPO), which brings Regulation… Read more

van_Ballegooij_Wouter.jpg Dr. Wouter Van Ballegooij

Protecting the EU’s Financial Interests through Criminal Law: the Implementation of the “PIF Directive”

11 October 2021 (updated 2 years, 4 months ago) // english

This article provides a summary of a recent Commission report on the implementation of Directive (EU) 2017/1371 on the fight against fraud to the Union’s financial interests by means of criminal law (the “PIF Directive”). This Directive, which is part of the Commission’s overall anti-fraud strategy, harmonises the definitions, sanctions, jurisdiction rules, and limitation periods related to fraud and other offences affecting the EU’s financial interests. A proper transposition of the PIF Directive by the Member States is necessary to enable the European Public Prosecutor’s Office (the “EPPO”) to conduct effective investigations and prosecutions. The Commission’s report contains a general and a specific article-by-article assessment of the transposition of the Directive. It concludes that, although all Member States have transposed the Directive, further action is needed to address outstanding compliance issues. These notably relate to the transposition of the definitions of criminal offences and the liability of – and sanctions … Read more