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CrasSteven 2014 SW.jpg Steven Cras

The Directive on Procedural Safeguards for Children who Are Suspects or Accused Persons in Criminal Proceedings

Genesis and Descriptive Comments Relating to Selected Articles

1 April 2016 (updated 4 years, 8 months ago) // english

I. Introduction On 11 May 2016, the European Parliament and the Council adopted Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings.1 The Directive is the fifth legislative measure that has been brought to pass since the adoption of the Council’s Roadmap in 2009. This article describes the genesis of the Directive and provides descriptive comments relating to selected articles. II. Genesis of the Directive 1. Background: Roadmap In November 2009, the Council (Justice and Home Affairs) adopted the Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings.2... Read more

Editorial Editorial: 10 Years of eucrim

1 March 2016 (updated 3 years, 8 months ago) // english

Dear Readers, In early 2016, eucrim celebrated its 10th anniversary. I would like to thank everyone who has contributed to this endeavor over the years. Special thanks go to all our readers, authors, the Max Planck team, and the Commission. Without you, the longstanding achievements of eucrim would not have been possible! When we look back on the development of eucrim, it has been an overall success. From the very beginning, eucrim went beyond the original idea of being merely a newsletter on European criminal law. During the past ten years, it has also evolved into a well-known journal for… Read more

Konstantina Panagiannaki

The “Europeanization” of Financial Supervision in the Aftermath of the Crisis

7 December 2015 // english

In the aftermath of the economic crisis, that began in 2007 in the U.S.A. and spread to the European economy, weakening the EU, every discussion about its causes and how to address them was linked to the absence of a suitable supervisory1 framework. The EU has been accused of lacking sufficient legal tools both at a precautionary level as well as for crisis management.2 Even though the internal market of financial services had been making progress, up until 2007 there were no truly centralized3 mechanisms and tools to supervise financial activities, identify their complexity, their risks and the interconnections between... Read more

Ligeti_online-2021(002).jpg Prof. Dr. Katalin Ligeti

Criminal Liability of Heads of Business

A Necessary Pillar in the Enforcement of the Protection of the Financial Interests of the EU

6 December 2015 // english

The 1995 Convention on the Protection of the Financial Interests of the European Communities (hereafter “PIF Convention”) already acknowledged “that businesses play an important role in the areas financed by the European Communities and that those with decision-making powers in business should not escape criminal responsibility in appropriate circumstances.”1 The PIF Convention, therefore, stipulated in Art. 3 a provision on the criminal liability of heads of business.2 Later, the Second Protocol to the PIF Convention extended criminal liability to legal persons.3 From then on, in the EU’s criminal policy, individual criminal liability of senior corporate officials for severe failures of... Read more

Christos Hadjiemmanuil

A Heavily Regulated Industry

The Varied Objectives of Financial Regulation

1 December 2015 // english

The Evolving Nature of Financial Regulation Until the early 1970s, the various national systems of banking regulation had largely monetary objectives. Controls on commercial banking activity (including administratively set interest rates, quantitative limits on credit expansion, and reserve requirements) were imposed for the purpose of preventing the over- or under-expansion of the money and bank credit supply. In addition, in many countries, including the UK and France, the state sought to direct the flow of available credit towards certain economic areas and activities, and away from others. Another policy concern related to the conditions of competition within the banking industry;... Read more

Editorial Guest Editorial eucrim 4/2015

1 December 2015 (updated 4 years, 8 months ago) // english

Dear Readers, The imposition of tight regulatory controls on banks and other financial intermediaries is a universal characteristic of modern economic systems. The frequency and intensity of legislative and administrative measures affecting financial activities demonstrate the state’s incessant concern with the way in which the market operates in this field. However, the precise perimeter of the regulated sector varies from one jurisdiction to another and changes over time. The same is true of the form and direction of the regulatory interventions. This raises important questions about the existence or otherwise of common threads –common objectives and overarching justifications– holding together... Read more