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Guest Editorial eucrim 3-2024
19 December 2024 (updated 5 months, 1 week ago)
Guest Editorial eucrim 2-2024
21 November 2024 (updated 7 months, 1 week ago)
Articles
Regulating Political Advertising in the EU Transparency Without Accountability
In April 2024, the European Union’s Regulation on the Transparency and Targeting of Political Advertising (PAR) entered into force. In further efforts to ensure a transparent, safe, predictable and trustworthy online environment within the EU — particularly in the wake of the Cambridge Analytica scandal — the Regulation aims to respond to the dangers and misuse of microtargeting, a sophisticated data-based method of online manipulation. Despite PAR’s lofty aspirations, the nature and functions of online manipulation are fraught with more conceptual and regulatory difficulties than it appears to acknowledge or resolve. First, PAR’s reliance on outmoded data protection principles and their largely unforeseeable effects on data disposition and aggregation complicate the problem of online user consent. Second, without adopting a broader “supervisory perspective” for identifying harmful microtargeting and interest misalignment, PAR risks endorsing only transparency without accountability. Third, a noticeable regulatory loophole risks prompting a surge in unregulated political advertising … Read more
Yellow Card Legislation and Infringements of Agricultural Aid Rules A Case Study of a Regressive Penalty Structure
This article examines the administrative penalty system under the European Union’s Common Agricultural Policy (CAP) in cases of over-declarations of agricultural land. It focuses on the “yellow card” legislation that was introduced in 2016 and applicable until 2022, analysing its practical implications. This “yellow card” system introduced reduced penalties for minor infractions but capped penalties at 100% of the granted aid. This approach can be regressive, as it eliminates additional penalties for irregularities over 50%. As a result, deterrent effects are lessened for serious infractions. Next to a legal analysis of the system, the author uses mathematical analysis to show that irregularities of over 40% do not lead to increased penalties. He argues that the approach followed has encouraged abuses and concludes that the EU should refrain from readopting a sanction system like the “yellow card” in the future.
Read moreLe futur rôle des Cellules de Renseignement Financier
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 …
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Übersetzen und Dolmetschen im Rechtswesen
This article discusses different perspectives on translation and interpreting for courts and other organs of judicature in Germany. It draws on insights from translation studies and the law to offer a comprehensive examination of this subject. Despite productive research in legal translation studies and comparative law in recent decades, there is still a gap to bridge between the two fields: learning more from each other could improve daily translation and interpreting services and raise awareness of quality requirements and issues in interpreting and translation. German legislation has few dedicated provisions regarding the function and the scope of responsibility of translators and interpreters, and instead relies largely on extensive commentaries by legal scholars and on case law. Conversely, translation studies has been putting effort into developing tailored approaches where it intersects with legal disciplines – one example being juritraductology, which focuses on both the translation of legal texts and the “right … Read more
Security – A Firm Construct or an Undetermined Concept? An Outline of the EU’s Current and Future Security Architecture
The concept of security within the EU’s legislative and policy framework has evolved significantly over the past few decades, adapting to shifting realities. Building on existing and overarching foundations, notably the EU Security Union Strategy, the European Commission recently presented a trio of initiatives that further frame the EU’s approach towards security. Having begun with a focus on conventional threats, such as terrorism and organised crime, the EU’s security approach has expanded to encompass cyberattacks, hybrid threats, and the protection of critical infrastructure.
This article gives an overview of the most prominent adopted initiatives that have shaped, shape and will shape the EU’s security architecture. The authors argue that the concept of security can no longer be viewed in isolation and that it should be seen as intersecting with a wide range of different instruments, actions, and policy areas. The authors consider it essential to establish clarity regarding the EU’s …
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The Fight against Agri-Frauds Suggestions to Improve Cross-Border Cooperation
This article presents the principal results of a comparative study carried out as part of the AFRADE project. Co-funded by the EU Anti-Fraud Programme, it examined fraud in shared-management funds of the common agricultural policy (CAP). The article addresses three main areas: a) the payment mechanisms for CAP funds; b) the most recurrent fraud schemes and criminal offenses; and c) the most effective tools for information exchange activities that could optimise the reporting and detection of CAP fraud among national and supranational bodies involved in both criminal and administrative investigations. The authors highlight two key issues arising from the study: the methodological and procedural approach to the subject matter and the use of administrative instead of criminal measures.
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