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Articles found: 47 of 47
Bovend'Eerdt.jpg Koen Bovend’Eerdt LL.M.

Learning Lessons - Reflecting on Regulation 883/2013 through Comparative Analysis

1 December 2017 (updated 2 months ago) // english

I. Introduction: Context of the Evaluation of Regulation 883/2013 In 1999, the Commission established the European Anti-Fraud Office – OLAF – to give a deterrent answer to fraud, corruption, and other illegal activities detrimental to the financial interests of the Union.1 OLAF’s primary instrument to provide such deterrence is its ability to conduct administrative investigations in the Union’s institutions, bodies, offices, and agencies (during internal investigations) and in the Member States (during external investigations).2 Initially OLAF conducted its investigations under the overarching framework of Regulations 1073/1999 and 1074/1999: the former covered the EC; the latter covered Euratom.3 After a number... Read more

Janda_Mirka_online.jpg Mirka Janda / Romana Panait

The OLAF Regulation – Evaluation and Future Steps

1 December 2017 (updated 3 weeks, 4 days ago) // english

I. Introductory Remarks Since its establishment in 1999, the European Anti-Fraud Office (OLAF) has had the purpose of increasing the effectiveness of the fight against fraud and other illegal activities detrimental to the financial interests of the Union.1 It also has the double task of carrying out administrative investigations concerning fraud, corruption, and any other illegal activity affecting the EU’s financial interests and of acting as Commission service responsible for developing EU anti‑fraud policies. In its investigative function, OLAF has been operating under a legal framework that has evolved over time. OLAF conducts external investigations into areas of EU expenditure... Read more

Editorial Guest Editorial eucrim 4/2017

1 December 2017 (updated 2 months ago) // english

Dear Readers, Efficient and proper spending of the Union’s budget is a key element in preserving the trust of EU citizens and in boosting the strength of the European project. Fraud and corruption must be fought vigorously and effectively. The ultimate goal is a high and equivalent level of protection of the EU’s budget throughout the entire territory of the EU. Important milestones that changed the institutional and legal landscape for the protection of the Union’s budget were reached in 2017. In July, the Directive on the fight against fraud to the Union’s financial interests by means of criminal law... Read more

Editorial Guest Editorial eucrim 2/2017

1 August 2017 // english

Dear Readers, The year 2017 has brought and will hopefully lead to further major steps in the development of a true European Criminal Justice Area, particularly but not only with regard to the protection of the EU’s financial interests by criminal law. The adoption of the Directive on the fight against fraud to the Union’s financial interests by means of criminal law, the so-called ''PIF Directive,'' is a key achievement in putting an end to the largely outdated 22-year-old "PIF Convention." With its comprehensive catalogue of criminal offences, including fraud, corruption, money laundering, and misappropriation affecting the EU budget as... Read more

Petra Beckerhoff

Reform des europäischen Datenschutzrechts
Ein Überblick unter besonderer Berücksichtigung des Datenaustausches zwischen Polizei-, Strafjustiz- und Geheimdienstbehörden

1 August 2017 // german

Data protection is one of today's most important challenges. Cross-border crime, terrorist risks, and new technologies all contribute to an increase in the collection and movement of personal data. This contribution first gives an overview of the content of the recently reformed European data protection law, i.e. the General Data Protection Regulation (GDPR). It also provides an analysis of Directive 2016/680, which regulates the specific protection of personal data in the prevention, investigation, detection and prosecution of criminal offences as well as the enforcement of criminal penalties. The article further outlines current projects and new developments regarding data transmission between intelligence agencies and prevention/prosecution authorities. It also focuses on the principle of limitation for the purpose of data use as well as the "compatibility" of operation purposes as rules for restricting data processing. The paper concludes by recommending the creation of harmonised and clear rules for data transmission with the ... Read more

Giovanni Bana / Lucio Camaldo / Marina Troglia

Feuille de route et droits de la défense
Les enquêtes défensives à l’étranger

1 April 2017 // french

The Italian criminal law system, unlike the systems in many other European countries, allows the defense to carry out defensive investigations on behalf of his/her client. In this contribution, the shortcomings of the recent European legislation on the matter are analyzed, as well as the issue of the validity in Italian criminal proceedings of defensive investigations conducted by the defense council abroad. The admissibility in the criminal case of defensive investigations conducted abroad by an Italian defense lawyer was, in fact, already rejected ten years ago by the Italian Court of Cassation. The Court stated that the official state instruments of international mutual legal assistance in criminal matters must be used if investigations are carried out abroad. The authors argue in this contribution that this position cannot be upheld in a unified Europe and deserves fundamental reconsideration. They also advocate a European solution of defensive investigations abroad – a possible ... Read more