Latest editorials All articles


Articles

Articles found: 258 of 278
Herrnfeld_IMG_3110 Dr. Hans-Holger Herrnfeld

Yes Indeed, Efficiency Prevails

A Commentary on the Remarkable Judgment of the European Court of Justice in Case C-281/22 G.K. and Others (Parquet européen)

28 March 2024 (updated 1 month ago) // english

The first preliminary ruling request concerning the EPPO Regulation prompted the European Court of Justice to interpret the provisions of Article 31 regarding cross-border investigations. In its judgment of 21 December 2023, the Court largely, but not fully, followed the considerations and the proposed response offered by Advocate General Tamara Ćapeta. The judgment is remarkable in the sense that it is largely inspired by considerations concerning the objectives of the Regulation – in spite of the fact that the interpretation given by the Court is difficult to reconcile with the wording of the interpreted provisions and its legislative history. Article 31 certainly has its deficiencies and could have been worded more clearly. Indeed, the Court’s judgment may help to ensure efficient cross-border investigations by the EPPO. Nevertheless, the EU legislator is now called upon to review and amend the provisions of the EPPO Regulation to clarify its intentions. Furthermore, the … Read more

Editorial Guest Editorial eucrim 4-2023

28 March 2024 (updated 1 month ago) // english

Dear Readers, Recital 5 of Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget serves as a reminder that the EU’s legal structure is based on the fundamental premise that “each Member State shares with all the other Member States, and recognizes that they share with it, a set of common values on which the Union is founded, as stated in Article 2 TEU.” This commitment to complying with the Treaties, including the fundamental principles of the rule of law, justifies mutual trust between the Member States. Each and every Member State… Read more

Varun_VM_online.jpg Varun VM LL.M

Prospects and Models of Combating Cryptocurrency Crimes

The India-EU Dialogue as a Perspective?

14 March 2024 (updated 1 month ago) // english

This article discusses the growing concerns regarding the convergence of virtual currencies and mainstream finance, which is leading to an increase in illicit activities such as money laundering and terrorism financing. The challenges that law enforcement faces in addressing these crimes are exacerbated by limited technological expertise and a sense of impunity among perpetrators. The article highlights successful asset recovery cases involving crypto assets in the United States and the extension of anti-money laundering laws to virtual assets in the United Kingdom and India. While advanced jurisdictions are making progress in addressing these challenges, the article emphasizes the need for policy recommendations and best practices, particularly for jurisdictions in Africa, which is experiencing rapid growth in the crypto market. It also delves into potential avenues for collaboration between the European Union (EU) and India in addressing capacity deficiencies in developing or least developed countries. The cybersecurity practices and frameworks employed … Read more

Skiadas_D-2023-sw Prof. Dimitrios Skiadas MJur, PhD, CFE

Trade-offs in Auditing the EU Recovery and Resilience Facility – Flexibility vs Compliance

A Greek Case Study

29 February 2024 (updated 1 month ago) // english

The EU Recovery and Resilience Facility (RRF) is a very particular option for managing resources at EU level. One of its features is the involvement of national audit authorities when it comes to ensuring that financed projects are implemented in a timely and reliable fashion. In this context, the success of the RRF as a managing and auditing scheme of EU resources is assessed against certain criteria, which can be weighted differently. Using the example of the audit arrangements in Greece, this article seeks to highlight the need for a balanced approach between the two main objectives of the audit process: flexibility and compliance.

Read more
Androulakis_Ioannis_neu-sw Prof. Ioannis Androulakis

Recovery of Proceeds from Crime – Time to Upgrade the Existing European Standards?

29 February 2024 (updated 1 month ago) // english

Asset recovery has been at the forefront of recent international initiatives in the areas of criminal law and judicial cooperation in criminal matters. In this spirit, the Conference of the Parties to the Warsaw Convention on money laundering and the financing of terrorism aims to further improve the existing framework standards of the Council of Europe. This is to be done by means of an “Asset Recovery” Protocol to the 2005 Warsaw Convention, which will seek to strike a balance between the task of depriving criminals of their illicit gains and the parallel obligation to respect the rights of the accused and of third parties, in accordance with the principles stemming from case law of the European Court of Human Rights. This article outlines the rationale behind this initiative and the main targets of reform.

Read more
Mungiu-Pippidi_Alina-sw Prof. Alina Mungiu-Pippidi PhD

Seven Arguments in Favour of Rethinking Corruption

13 February 2024 (updated 2 months, 1 week ago) // english

The act of “rethinking” corruption is necessary due to a global stagnation after more than two decades of international anticorruption efforts. The issue of corruption is being reframed as a security issue, rather than a developmental one, but the role international agency play in changing a country is still prominent. This article sums up the lessons learned from theoretical and practical advances outlined in the author’s book on “Rethinking Corruption.” It makes a clear argument in favour of rethinking corruption outside the traditional framework and offers a forecasting method, alongside state-of-the-art analytical, fact-based tools to map, assess, and predict corruption risks.
The author argues that corruption is a policy issue frequently overriding individual choice, and can only be tackled by strong policy interventions. She explains the limits of international intervention and demonstrates how much unfinished business was left behind by the developmental approach to anticorruption – business that can only be … Read more