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François Falletti

The European Public Prosecutor’s Office and the Principle of Equality

1 April 2017 (updated 3 weeks, 6 days ago) // english

The article examines how the principle of equality must be safeguarded in proceedings of the forthcoming European Public Prosecutor’s Office (EPPO). Falletti identifies two main challenges: ensuring equal rights for suspects and ensuring equal handling of cases. Since the EPPO applies both its Regulation and national criminal procedure, differences in procedural safeguards across Member States risk undermining equality, particularly in access to lawyers and defence costs in cross-border cases. On case allocation, fears of forum shopping are addressed by mandatory criteria and oversight by Permanent Chambers, with national courts retaining judicial review. While the system relies heavily on national law and courts, ongoing harmonisation through EU directives and ECJ control should mitigate inequalities. The EPPO’s effectiveness will ultimately depend on practice in balancing European coordination with equal treatment of suspects.

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Editorial Guest Editorial eucrim 1/2017

1 April 2017 (updated 6 years, 8 months ago) // english

Dear Reader, As a practising lawyer specialised in the field of criminal law and criminal procedure who is also involved in international cases − and as an enthusiastic European − I feel that we need a new and strong commitment to “our” Europe in these anxious times. We need to strengthen the EU as a guarantor for peace, our common values, human and fundamental rights, and the rule of law in our common area of freedom, security and justice. Since the Amsterdam Treaty and the Tampere Council in 1999, the legal principle of mutual recognition of judicial decisions has been... Read more

Editorial Guest Editorial eucrim 3/2017

20 January 2017 (updated 6 years, 8 months ago) // english

Dear Readers, A strong European Union budget, particularly its sound and correct implementation, is a key element in building trust among European citizens. The resources at the disposal of the EU need to be properly managed and well spent in order to make a real difference in people’s lives. Ensuring that these resources are not the object of fraud or corruption is therefore an essential objective. The adoption by the Council of the Regulation establishing the European Public Prosecutor’s Office (EPPO) on 12 October 2017 marks a decisive step in this direction. The EPPO will be established by way of... Read more

Editorial Guest Editorial eucrim 4/2016

1 December 2016 (updated 6 years, 8 months ago) // english

Dear Readers, Money laundering and other forms of illicit financial crime damage the integrity and stability of the social and economic system. Moreover, this phenomenon represents a scourge afflicting the trust of citizens in the market, both nationally and on the single market level. Especially since the nineties of the last century, when money launderers began to take advantage of the freedom of capital movements, money laundering and terrorism financing became significant problems. These forms of crime are therefore permanently on the political agenda in the EU and internationally, and remain a permanent challenge for national regulators, the European Union,... Read more

Met-Domestici_online.jpg Alexandre Met-Domestici PhD

The Fight against Money Laundering in the EU The Framework Set by the Fourth Directive and Its Proposed Enhancements

1 December 2016 (updated 1 month, 1 week ago) // english

The article analyses the EU’s anti-money laundering (AML) framework under Directive 2015/849 (the fourth AML Directive) and the Commission’s July 2016 proposal for amendments. Met-Domestici explains how the reforms respond to terrorist financing risks and evolving laundering methods by broadening the scope of obliged entities (including virtual currency exchanges and gambling providers), adding tax crimes as predicate offences, tightening rules on prepaid cards, and focusing on politically exposed persons and high-risk third countries. The proposal also strengthens customer due diligence, beneficial ownership transparency, central registers, and cooperation between Financial Intelligence Units. While these measures mark significant progress, the author argues that long-term effectiveness requires further integration, including the possible establishment of a European FIU and extending the EPPO’s jurisdiction to money laundering and terrorism.

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