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Editorial Guest Editorial eucrim 4/2017

1 December 2017 (updated 1 year, 11 months ago) // english

Dear Readers, Efficient and proper spending of the Union’s budget is a key element in preserving the trust of EU citizens and in boosting the strength of the European project. Fraud and corruption must be fought vigorously and effectively. The ultimate goal is a high and equivalent level of protection of the EU’s budget throughout the entire territory of the EU. Important milestones that changed the institutional and legal landscape for the protection of the Union’s budget were reached in 2017. In July, the Directive on the fight against fraud to the Union’s financial interests by means of criminal law... Read more

Janda_Mirka_online.jpg Mirka Janda / Romana Panait

The OLAF Regulation – Evaluation and Future Steps

1 December 2017 (updated 1 year, 6 months ago) // english

I. Introductory Remarks Since its establishment in 1999, the European Anti-Fraud Office (OLAF) has had the purpose of increasing the effectiveness of the fight against fraud and other illegal activities detrimental to the financial interests of the Union.1 It also has the double task of carrying out administrative investigations concerning fraud, corruption, and any other illegal activity affecting the EU’s financial interests and of acting as Commission service responsible for developing EU anti‑fraud policies. In its investigative function, OLAF has been operating under a legal framework that has evolved over time. OLAF conducts external investigations into areas of EU expenditure... Read more

Bovend'Eerdt.jpg Koen Bovend’Eerdt LL.M.

Learning Lessons - Reflecting on Regulation 883/2013 through Comparative Analysis

1 December 2017 (updated 1 year, 11 months ago) // english

I. Introduction: Context of the Evaluation of Regulation 883/2013 In 1999, the Commission established the European Anti-Fraud Office – OLAF – to give a deterrent answer to fraud, corruption, and other illegal activities detrimental to the financial interests of the Union.1 OLAF’s primary instrument to provide such deterrence is its ability to conduct administrative investigations in the Union’s institutions, bodies, offices, and agencies (during internal investigations) and in the Member States (during external investigations).2 Initially OLAF conducted its investigations under the overarching framework of Regulations 1073/1999 and 1074/1999: the former covered the EC; the latter covered Euratom.3 After a number... Read more

Petr Klement

OLAF at the Gates of Criminal Law

1 December 2017 (updated 1 year, 7 months ago) // english

I. Introductory Remarks: OLAF and the Setting of the EPPO There were certain periods in the past that brought expectations of change in the legal position and powers of OLAF (hereinafter also referred to as “the Office”) together with the entire layout of the system of protection of the Union’s financial interests. Since establishment of the Office, the expected changes seemed to be inextricably linked with the destiny of the European Public Prosecutor’s Office (the “EPPO”). The first proposals concerning the project of the European Prosecutor1 were later rejected, however, and had no effect on functioning of OLAF. Discussions affecting... Read more

Editorial Guest Editorial eucrim 2/2017

1 August 2017 (updated 1 year, 7 months ago) // english

Dear Readers, The year 2017 has brought and will hopefully lead to further major steps in the development of a true European Criminal Justice Area, particularly but not only with regard to the protection of the EU’s financial interests by criminal law. The adoption of the Directive on the fight against fraud to the Union’s financial interests by means of criminal law, the so-called ''PIF Directive,'' is a key achievement in putting an end to the largely outdated 22-year-old "PIF Convention." With its comprehensive catalogue of criminal offences, including fraud, corruption, money laundering, and misappropriation affecting the EU budget as... Read more

Petra Beckerhoff

Reform des europäischen Datenschutzrechts
Ein Überblick unter besonderer Berücksichtigung des Datenaustausches zwischen Polizei-, Strafjustiz- und Geheimdienstbehörden

1 August 2017 (updated 1 year, 7 months ago) // german

Data protection is one of today's most important challenges. Cross-border crime, terrorist risks, and new technologies all contribute to an increase in the collection and movement of personal data. This contribution first gives an overview of the content of the recently reformed European data protection law, i.e. the General Data Protection Regulation (GDPR). It also provides an analysis of Directive 2016/680, which regulates the specific protection of personal data in the prevention, investigation, detection and prosecution of criminal offences as well as the enforcement of criminal penalties. The article further outlines current projects and new developments regarding data transmission between intelligence agencies and prevention/prosecution authorities. It also focuses on the principle of limitation for the purpose of data use as well as the "compatibility" of operation purposes as rules for restricting data processing. The paper concludes by recommending the creation of harmonised and clear rules for data transmission with the … Read more