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Vogel_Benjamin_Hath_MPI_2018 (002) Dr. Benjamin Vogel

Potentials and Limits of Public-Private Partnerships against Money Laundering and Terrorism Financing

25 April 2022 (updated 1 month ago) // english

In its 2020 Action Plan to comprehensively reform the EU’s Anti-Money Laundering and Terrorism Financing (AML/CFT) framework, the European Commission announced, inter alia, that it would issue guidance for Public-Private Partnerships (PPPs). Furthermore, in respect of the envisaged new EU-level Anti-Money Laundering Authority (AMLA), the legislative package published in July 2021 entails a draft provision to allow the AMLA to participate in national or supranational PPPs. If adopted, AML/CFT PPPs will have a legislative foundation in EU law. Though details would still be left to Member States, it is high time to assess the policy ideas behind PPPs as well as their legal ramifications.

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Editorial Guest editorial eucrim 4-2021

17 February 2022 // english

Dear Readers, The front page of the eucrim issues published from 2006 to 2009 included the byline: “Successor to Agon”. Indeed, to express the fight against fraud, the term “agon” (an ancient Greek term for “fight”) had been chosen as the title of the original bulletin launched in April 1993 for the Associations of lawyers for the protection of the financial interests of – at that time – the European Community. The Associations were created following a landmark seminar in Brussels in 1989 that demonstrated the need for structures at the national level to bring together practitioners and academics and… Read more

Pierpaolo Rossi-Maccanico LL.M.

A Reasoned Approach to Prohibiting the Bis in Idem
Between the Double and the Triple Identities

24 January 2022 (updated 4 months, 2 weeks ago) // english

The ne bis in idem protection in Art. 50 CFR restricts the ability of EU and national enforcement authorities to prosecute or punish the same defendant for the same criminal offence more than once. Under the Member States’ legal traditions, the notion of “same offence“ or idem requires a triple identity: of the offenders, the material facts, and the protected legal interests. A broader notion of idem that only requires a double identity is laid down in Art. 54 CISA, which entails the prohibition of double prosecution of the same offender for the same “material acts”. The CJEU’s case law is inconsistent: sometimes the Court requires double identity, thus giving effect to Art 54 CISA (as far as intra-state judicial cooperation is concerned), while requiring triple identity in other cases, in particular in the area of competition law. With the Menci judgment the CJEU aligned the interpretation of the notion … Read more

Yamuza_F_sw-photo.jpg Dr. Florentino-Gregorio Ruiz Yamuza

Compensation for Unjustified Detention and the European Arrest Warrant

24 January 2022 (updated 4 months, 2 weeks ago) // english

This article sheds light on the compensation for unjustified detention that occurred while carrying out the European Arrest Warrant. First, the article exposes the reality of the lack of regulation of this matter and the necessity of having a normative reference at the level of the European Union. Second, it highlights the relationship between compensation and the fundamental rights of the detained person and therefore with the provisions of the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. Third, it also outlines the frequently occurring difficulty of establishing the unjust or arbitrary nature of detention, especially when it comes to the enforcement of an extradition request. Fourth, the article describes some of the problems related to determining the Member State that should assume the compensation and reflects on the appropriate compensation procedure.

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Reynders_Didier_sw.jpg Didier Reynders

Digitalising Justice Systems to Bring Out the Best in Justice

22 December 2021 (updated 4 months, 2 weeks ago) // english

This special contribution outlines the recent Commission proposals on digitalisation of EU justice systems. On 1 December 2021, the European Commission adopted three initiatives that will make digital communication channels the default channel in cross-border judicial cases, thus translating one of the priorities set out in last year's Communication on the Digitalisation of Justice into action.

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