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Jean-Baptiste Maillart / Benjamin Vogel

Recent Developments in EU Anti-Money Laundering
Some Critical observations

1 December 2016 (updated 1 year, 6 months ago) // english

Since the adoption of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances in 1988,1 many efforts have been made to strengthen the anti-money laundering (AML) regime at the international level and also within the European Union, where several directives to this effect have been adopted since 1991.2 The fourth and latest EU Directive 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorism financing (4AMLD) was adopted by the European Parliament and the Council in May 2015 in order to reinforce the efficacy of the European... Read more

Salazar70bearb_grau.jpg Lorenzo Salazar

The Ventotene Manifesto and the European Area of Freedom, Security and Justice

1 October 2016 (updated 1 year, 6 months ago) // english

Altiero Spinelli (1907-1986) was an Italian politician, political opponent of the fascist regime in Italy and, for this reason, once interned on the island of Ventotene during World War II. On the small southern Italian island in the Gulf of Gaeta, together with Ernesto Rossi and Eugenio Colorni, he wrote the “Manifesto” – entitled “Per un’Europa libera e unita” (For a Free and United Europe) − calling for the establishment of a European federation as a reaction to the destructive excesses of nationalism, which had led to the Second World War. The Manifesto of June 1941 ideologically underpins the idea... Read more

Angelo Marletta

Interinstitutional Relationship of European Bodies in the Fight against Crimes Affecting the EU’s Financial Interests
Past Experience and Future Models

8 September 2016 // english

I. Protecting the EU’s Financial Interests: A Shared Responsibility in a Complex Enforcement Environment The protection of the EU’s financial interests (PIF) implies a shared responsibility on the part of both the Union and the Member States. In this respect, Art. 325 para. 1 TFEU recalls the multiple levels of cooperation required to counter and combat fraud and other illegal activities affecting the financial interests of the Union. We can identify at least three levels or dimensions of cooperation in the PIF domain: The horizontal cooperation between the EU actors holding specific PIF responsibilities; The horizontal cooperation between the competent... Read more

Editorial Guest Editorial 3/2016

1 September 2016 // english

Dear Readers, Cooperation on the part of national courts and executive authorities in the criminal law field is constitutive for the functioning of the area of freedom, security and justice (AFSJ). Focusing on a more or less voluntary cooperation on the part of the national authorities might initially have been an indication of the Member States’ reluctance to also give up sovereignty in the field of criminal law and criminal justice. Today, however, it is clear that the AFSJ cannot be realized without such cooperation. It is therefore of programmatic significance when “cooperation” is expressly referred to in the relevant... Read more

Michele Simonato

OLAF Investigations in a Multi-Level System
Legal obstacles to Effective Enforcement

1 September 2016 // english

I. Introduction The protection of the EU budget is a shared responsibility between the EU – namely the Commission – and the Member States.1 In principle, the national (administrative or judicial) authorities conduct investigations and sanction those violations of EU law that are detrimental to EU financial interests, both when they concern expenditure (e.g., structural funds) and revenue (e.g., customs duties). The readers of eucrim are certainly familiar with the developments in EU law that have taken place since the 1970s, which have entailed increasing EU intervention on the punitive aspects of the enforcement of EU policies. Such intervention mainly... Read more

van_Ballegooij_Wouter.jpg Dr. Wouter Van Ballegooij

Measuring the Added Value of EU Criminal Law

1 August 2016 (updated 3 weeks, 5 days ago) // english

As part of its efforts to ensure better law-making at the EU level, together with the other EU institutions, the European Parliament is paying increasing attention to the added value of European action (“European added value”) as well as the costs of not taking action at the EU level (“cost of non-Europe”).
This article looks at the questions of how and to what extent these concepts can be applied to the area of EU criminal law. It will do so based on an assessment of two studies produced by the European Parliament’s Directorate for Impact Assessment and European Added Value:
- A European added value assessment accompanying a legislative initiative report on the reform of the European Arrest Warrant;
- A cost of non-Europe report on organised crime and corruption, supporting an own-initiative report on the matter.
The article concludes by identifying a number of challenges and limitations to measuring the … Read more