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Articles found: 212 of 230
Kichling_M_sw Dr. Dr. h.c. Michael Kilchling

Beyond Freezing?
The EU’s Targeted Sanctions against Russia's Political and Economic Elites, and their Implementation and Further Tightening in Germany

11 August 2022 (updated 4 months, 3 weeks ago) // english

Since 2014 persons allegedly involved in or supporting the undermining or threatening of the territorial integrity, sovereignty and independence of Ukraine are subject to freezing measures against their property and other financial resources within the European Union. As part of several comprehensive political and economic sanctioning packages initiated by the Commission and the Council after the invasion of February 2022, these financial sanctions have been significantly extended, currently targeting, inter alia, some 1,200 individuals, most of them of Russian nationality. This article provides a general overview of the concept of the EU's so-called targeted ("smart") sanctions and the adaption of this instrument to Russia's warfare in Ukraine, followed by an exploration of the plans for a further tightening of such measures as proposed by the European Commission. The intention is to go beyond the – temporary – freezing of assets owned by listed individuals and entities, thus promoting their seizure … Read more

Editorial Guest editorial eucrim 2-2022

11 August 2022 (updated 4 months, 3 weeks ago) // english

Dear Readers, The EU’s restrictive measures (commonly referred to as “sanctions”) are neither new nor is Russia the only country subject to them, but the current regime against Russia is certainly unprecedented in its breadth. The EU is also in unchartered waters concerning the seriousness of the context. This also applies to our determination to coordinate and enforce these sanctions, and in turn requires us to address questions pertaining to their objectives and ambition. In the EU, sanctions are implemented by Member States. However, the European Commission is ideally placed to coordinate their actions, connect the dots, and bridge any… Read more

van_Ballegooij_Wouter.jpg Dr. Wouter Van Ballegooij

Ending Impunity for the Violation of Sanctions through Criminal Law

15 July 2022 (updated 4 months, 3 weeks ago) // english

This article discusses the two-step approach proposed by the Commission to end impunity for those violating sanctions (“Union restrictive measures”) following Russia’s invasion of Ukraine. The first step concerns a proposal for a Council Decision identifying the violation of Union restrictive measures as an area of crime that meets the criteria specified in Article 83(1) of the Treaty on the Functioning of the European Union. The Council is expected to formally adopt that Decision in October 2022, which will be the first time that the list of EU crimes is extended. This will allow the Commission to then immediately put forward a Directive on the definition of criminal offences and penalties for the violation of Union restrictive measures as a second step. In this regard, the Commission already suggested elements for such a future Directive in a Communication. Appropriate consultations are ongoing to ensure a high-quality text which empowers law … Read more

Moiseienko_Anto_sw Dr. Anton Moiseienko LLM

The Future of EU Sanctions against Russia: Objectives, Frozen Assets, and Humanitarian Impact

24 June 2022 (updated 4 months, 3 weeks ago) // english

EU sanctions against Russia are unprecedented in their breadth, as well as in the seriousness of the wrongdoing they seek to address. As a result, the EU finds itself in uncharted waters as it develops its sanctions policy vis-à-vis Russia. This paper offers an overview of three strategic issues that are likely to impact the further evolution of EU policy in this area, namely: the objectives that EU sanctions against Russia can pursue; the fate of hundreds of billions of dollars’ worth of Russian assets reportedly frozen across EU Member States; and the possible humanitarian impact of sanctions on Russian population. While questions associated with each of these issues admit of no easy answers, thinking through them will be essential to shaping a coherent, credible and effective sanctions policy in response to Russia’s aggression in Ukraine.

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Kos_Drago Drago Kos

War and Corruption in Ukraine

14 June 2022 (updated 4 months, 3 weeks ago) // english

The situation concerning corruption in Ukraine before the Russian invasion was not particularly encouraging: there were no significant improvements on the ground; independent, newly established, specialised anti-corruption bodies were being hindered from doing their job in every possible way. As in almost all countries participating in armed conflicts, it is entirely understandable that fighting corruption is no longer a priority now that the country is under attack. When the war is over, the Ukrainian anti-corruption framework will be weaker than it was before the war, yet it will face a series of new challenges, especially those resulting from the vast influx of material and financial support for humanitarian purposes and for the reconstruction of the country. In order to avoid a scenario in which the country, having survived the war, could become a victim of corruption, the Ukrainian government, supported by the international community, will have the important task of … Read more

Stulens_Gennard_217KB_sw Gennard Stulens LLM & MSc

The Role of Local Authorities in the Prevention of and Fight against Money Laundering
The Need for More Possibilities for International Information Exchange in the Administrative AML Approach

25 April 2022 (updated 8 months ago) // english

Criminal organisations use and misuse legal structures in order to launder the money they earn through crimes. Local authorities can unwittingly and unwillingly facilitate crime and money laundering. After all, criminals or people who can be linked to crime and money laundering have to make use of certain legal structures in order to launder their money. They have to apply for permits, they need housing, etc. In order to prevent this misuse of legal structures, the information exchange between law enforcement authorities is necessary, and an administrative, integrated approach to preventing and fighting organised crime is needed.

Such information exchange often poses problems in border regions, however, as most of the laws with regard to information exchange between different authorities are written with purely national situations in mind. In border regions, citizens from neighbouring countries often also apply for certain permits if they wish to do business in a … Read more