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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

Ulrich Schulz

Können die Regelungen über die Zusammenarbeit der EU-Mitgliedstaaten bei der Strafverfolgung kurzerhand aufgehoben werden?

8 May 2016 // german

The European Union performs numerous tasks. In order to carry out these tasks, the Union relies on money that is provided for by the Member States, including customs duties. This article initially describes the principles of the legal framework within which Member States
- levy customs duties;
- investigate criminal offences committed in this context;
- cooperate with one another.
In particular, the article stresses that the levying of customs duties, on the one hand, and criminal prosecution, on the other, serve different purposes, for which the European Union and the national legislators have established separate legal rules. As a consequence, different regulations for administrative procedure, on the one hand, and criminal procedure, on the other, must be simultaneously observed.
The article subsequently deals with Art. 12 of Regulation (EC) No 515/97 as amended by Regulation (EU) 2015/1525 of 9 September 2015. This new provision seeks to establish that information collected as part of administrative … Read more

Franca Fülle / Ralf Riegel

Vollstreckungshilfe zwischen Deutschland und Taiwan auf neuer Grundlage

8 May 2016 // english

One of the main goals of imprisonment is to facilitate the reintegration of offenders into socie-ty. This is better achieved if offenders are sent to prison where they would like to settle upon release. Since German nationals are serving prison sentences in Taiwan and Taiwanese na-tionals are serving prison sentences in Germany, for a number of years both countries have been interested in reaching an agreement that permits the execution of custodial sentences in the other state. Because of Germany's One-China policy, the conclusion of a binding treaty under international law is not an option. Instead, transfers must be regulated in each country's domestic legislation. Taiwanese law additionally requires an agreement with the executing state, which is now contained in the arrangement between the German Institute Taipei and the Taipei Representative Office in Berlin on the Transfer of Sentenced Persons and Cooperation in the Enforcement of Penal Sentences, signed on … Read more

Stijn Lamberigts

The Directive on the Presumption of Innocence
A Missed opportunity for Legal Persons

8 May 2016 // english

The recently adopted Directive on the strengthening of certain aspects of the presumption of innocence and the right to be present at trial in criminal proceedings1 (hereafter: Directive on the Presumption of Innocence)2 applies exclusively to natural persons.3 This is in contrast to previously adopted directives of the Roadmap for strengthening procedural rights in criminal proceedings4 which applied to suspected or accused persons and did not explicitly exclude legal persons.5 Therefore, one could argue that legal persons could benefit from the implementation of relevant provisions of the previously adopted directives of the Roadmap6 but that they cannot infer rights from... Read more

Emilia Porebska

Paving the Way for Improved Mutual Assistance in the Context of Customs Fraud
An introduction to Regulation (EU) 2015/1525

8 May 2016 // english

I. Introduction Customs fraud is a growing phenomenon, which causes significant damage to the Union’s financial interests. The losses resulting from some of the most common types of customs-related fraud (i.e., misdeclaration of origin, misdescription of goods, and misuse of the transit system) are estimated at around €185 million per year.1 Under Article 325 of the TFEU, it is the responsibility of the Union – as well as its Member States – to protect the EU’s financial interests. Given the scale of the problem, coupled with the growing threat of transborder crime, the importance of combating customs fraud and ensuring... Read more

Stefano Ruggeri

Inaudito reo Proceedings, Defence Rights, and Harmonisation Goals in the EU
Responses of the European Courts and new Perspectives of EU Law

8 May 2016 // english

I. An Unprecedented Problem in EU Law: Inaudito reo Criminal Proceedings The right to personal participation in criminal proceedings and the problem of in absentia procedures have lain at the core of the EU legislative agenda over the last several years. Before the entry into force of the Lisbon Treaty, Framework Decision 2009/299/JHA amended, inter alia, the EAW Framework Decision, tightening the conditions under which defendants can be surrendered to other Member States in proceedings instituted in the accused’s absence.1 Although this legislative intervention also contributed to the process of indirect harmonisation of criminal procedure law, initiated under the former... Read more