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Articles found: 231 of 275
Andrew Dornbierer / Charlie Monteith

Tracking and Tracing Stolen Assets in Foreign Jurisdictions

1 June 2013 // english

It has been estimated that roughly 1.6 trillion USD in criminal proceeds are laundered through the international financial system each year.1 To put this in perspective, this sum is more than the combined GDPs of Switzerland, Portugal, Romania, Belarus, and Austria in 2011. To enjoy this unnerving amount of illicit assets, criminals are forced to launder these funds through legitimate international financial channels in an attempt to disguise their illegitimate origins. Consequently, if an investigator knows how and where to look, there is always a connection that links a criminal’s assets to his or her crimes – and if sufficient... Read more

Dr. Christian Johnson

First Experiences in Germany with Mutual Recognition of Financial Penalties

1 May 2013 // english

I. Framework Decision 2005/214 1. Introduction Framework Decision 2005/214/JHA on the application of the principle of mutual recognition of financial penalties (hereinafter FD 2005/214) was adopted on 24 February 2005.1 It set a deadline for Member States to comply with its provisions: 22 March 2007. As of today, 24 Member States have transposed FD 2005/214 into their respective national law.2 This instrument provides for an EU-wide execution of financial penalties on the basis of the principle of mutual recognition. FD 2005/214 has broken new ground. Before 2005, a multilateral or EU instrument for the trans-border execution of financial penalties had... Read more

CrasSteven 2014 SW.jpg Steven Cras / Luca De Matteis

The Directive on the Right to Information

Genesis and Short Description

1 April 2013 (updated 5 years, 2 months ago) // english

On 22 May 2012, the European Parliament and the Council adopted Directive 2012/13/EU on the right to information in criminal proceedings. The directive is the second measure ("measure B") in application of the Roadmap on procedural rights, which was adopted by the Council in 2009.
The directive is evidence that Member States are in favour of measures enhancing the procedural rights of suspects and accused persons in criminal proceedings, contrary to what is sometimes said. Indeed, the directive provides a good example of legislation where the Council, together with the European Parliament, has taken a very much "pro-rights" approach, by establishing even more extensive and protective rights than those proposed by the European Commission.
This article describes the genesis of the directive and provides a short description of its contents.

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Prof. Kevin Aquilina

Fighting Corruption in Malta and at European Union Levels

1 April 2013 // english

Undoubtedly, the fight against corruption is no easy job, mainly because of the very secretive nature of such an offence that, at times, makes it next to impossible to detect, especially when hardly anyone files a report with the law enforcement authorities. Hence, new methods need to be identified and devised to fight corruption at a national level and in the European Union whilst at the same time safeguarding human rights, especially the right to a fair and public trial as well as the right to privacy. This is indeed an arduous task for all the public authorities involved in... Read more

Laraine Laudati

Data Protection at OLAF

1 March 2013 // english

The European Anti-Fraud Office (OLAF) is charged with protecting the EU’s financial interests by investigating fraud, corruption, and other illegal activities. OLAF’s daily work involves the processing of large amounts of sensitive1 personal data. As a service of the European Commission, OLAF is subject to Regulation (EC) 45/2001 on the protection of individuals with regard to the processing of personal data by Community institutions and bodies (data protection regulation) and is thus under the supervisory powers of the European Data Protection Supervisor (EDPS). OLAF conducts administrative investigations in full independence, both internally – concerning the EU institutions and bodies –... Read more

Dr. Els De Busser

The Data Protection Gap

From Private Databases to Criminal Files

1 March 2013 // english

Debates on the reform of the EU’s data protection legal framework are currently being held in the Council of the EU and the European Parliament.1 One particular issue has, however, not (yet) been included in these debates: the processing of personal data by law enforcement authorities for the purpose of criminal investigations after these data were originally collected by private companies for the purpose of their commercial activities. This topic has, however, been discussed at several other negotiation tables. On the EU level, the Cybersecurity Strategy2 released in February 2013 and the continuing debate on the use of passenger name... Read more