Latest editorials All articles


Articles found: 217 of 281
deSchamp_Korneel_sw Korneel De Schamp / Ute Stiegel_sw Dr. Ute Stiegel LL.M.

The Impact of the European Commission’s Rule of Law Report in Monitoring the Prevention and Fight against Corruption

8 April 2024 (updated 2 months, 3 weeks ago) // english

This article discusses the European Commission’s role in preventing and fighting corruption by means of its annual Rule of Law Report. The authors present the anti-corruption pillar of the Report, in which the EU Member States’ frameworks in preventing and fighting corruption are regularly assessed, and which outlines the Commission’s recommendations to all Member States in this area. In addition, the article describes broader synergies that exist in conjunction with other policy initiatives and tools, such as the new EU network against corruption, the Conditionality Regulation, and the Recovery and Resilience Plans.

Read more
Kuhl_Lothar_Neu Dr. Lothar Kuhl

New Instruments in Cohesion Policy – Implementation Practice by EU Institutions

4 April 2024 (updated 2 months, 3 weeks ago) // english

This article is linked with the article by Iwona Jaskolska that introduced the new instruments protecting the cohesion budget against rule-of-law breaches (→ related link). It outlines the practical implementation of the two complementary but independent legal procedures: the Conditionality Regulation and the horizontal enabling conditions under the Common Provisions Regulation (CPR). They have been applied so far in relation to two EU Member States: Hungary and Poland.
The first part of the article analyses the Commission’s rule-of-law assessment of both countries and the Council’s follow-up with respect to Hungary within the framework of the Conditionality Regulation mechanism. The second part looks at the important restrictions on possible requests for reimbursement under the 2021-2027 cohesion policy programmes that were imposed in parallel against Poland and Hungary in accordance with the CPR horizontal enabling conditions on the implementation of the Charter on Fundamental Human Rights.

Read more
Iwona Jaskolska

New Instruments Protecting the 2021-2027 Cohesion Budget against Rule-of-Law Breaches

4 April 2024 (updated 2 months, 3 weeks ago) // english

This article introduces the main legal instruments at the EU level to protect the EU’s financial interests with a special focus on the budget for cohesion measures. It features the Regulation on a general regime of conditionality for the protection of the Union budget (Conditionality Regulation) against breaches of the principles of the rule of law, and the cohesion policy common provisions Regulation which provides horizontal enabling conditions applicable to all its financing objectives (CPR).

Read more
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 2 months, 3 weeks 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

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 2 months, 3 weeks 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 2 months, 3 weeks 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