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New “Microfinancing” Approach to Combat Terrorist Financing 
6 June 2018
Alexander Oppers
On 1 March 2018, MEPs adopted recommendations (by 533 votes to 24, with 43 abstentions) on how to deal with terrorist financing. They were submitted to the Council, the Commission, and the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and ... Read more

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EU Money Laundering
MEPs Disagree on Blacklisting of “High-Risk Countries” 
6 June 2018
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
In mid-December 2017 − in line with its custom of following the lead of the international Financial Action Task Force (FATF) − the Commission decided to include Tunisia, Sri Lanka, and Trinidad & Tobago to its blacklist, sparking controversy within the EP. On 7 February 2018, MEPs ... Read more

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EU Money Laundering
Chairs of New TAX3 Special Committee 
6 June 2018 (updated 6 months, 1 week ago)
Alexander Oppers
On 22 March 2018, the new special committee on financial crimes, tax evasion, and tax avoidance (TAX3) held its first meeting at which it appointed a Chair and four Vice Chairs.- Through acclamation, Petr Ježek (CZ, ALDE), former co-rapporteur for the PANA Committee, became the ... Read more

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EU Tax Evasion
EU and Norway Foster Administrative Cooperation to Combat VAT Fraud 
6 June 2018 (updated 6 months, 1 week ago)
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 6 February 2018, the Council and Norway signed an agreement designed to strengthen administrative cooperation in order to combat fraud and recover claims in the field of VAT.The main objective is to close a gap in control of the VAT chains used by ... Read more

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EU Tax Evasion
Council Softens EU List of Tax Haven Countries 
6 June 2018 (updated 6 months, 1 week ago)
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
At its meeting on 23 January 2018, the Economic and Financial Council removed eight jurisdictions from the EU’s list of non-cooperative countries for tax purposes. The removal ensued because of commitments at a high political level that address certain EU concerns. The eight jurisdictions ... Read more

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EU Money Laundering Tax Evasion
Public Consultation to Establish First Worldwide “Counterfeit and Piracy Watch List” 
6 June 2018 (updated 6 months, 1 week ago)
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 31 January 2018, the European Commission launched a survey that seeks input from stakeholders to identify online and physical marketplaces outside the EU where counterfeiting, piracy, or other forms of intellectual property abuse are common practice. The results of the stakeholder consultation are to ... Read more

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EU Legislation Counterfeiting & Piracy
Commission Steps Forward to Tackle Illegal Content Online 
6 June 2018
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
At a meeting between five Commissioners and representatives of online platforms on 9 January 2018, the Commission analysed the bulk of EU measures in tackling the spread of illegal content online. The meeting was designed to discuss progress made on this topic. It also fostered ... Read more

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EU Racism and Xenophobia
Urban Security: Networks in the Fight Against Terrorism 
6 June 2018
Alexander Oppers
On 8 March 2018, the Commission and the Committee of the Regions issued a joint statement at the EU Mayors’ Conference. The statement highlights the need for cooperation at all levels of government and with private stakeholders in the fight against global terrorism. Of particular ... Read more

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EU Terrorism Racism and Xenophobia
Partial Success for Schrems’ Campaign Against Facebook 
6 June 2018
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 25 January 2018, the CJEU decided on the place of jurisdiction in a case of alleged privacy violations and the question of whether a class action is possible against social media companies (Case C-498/16).The background of the case is a lawsuit involving ... Read more

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EU European Court of Justice (ECJ)
European Data Protection Day – EU Enters Into New Era in 2018 
6 June 2018 (updated 6 months ago)
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
28 January marks European Data Protection Day. In a joint statement in advance year’s (published on 26 January 2018), four Commissioners stressed that 2018 is going to be a landmark year for data protection in Europe. They mainly referred to the General Data Protection ... Read more

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EU Data Protection
CJEU: Criminal Penalty in Addition to Penalty in Tax Proceedings to Combat VAT Fraud Possible 
6 June 2018 (updated 6 months, 1 week ago)
Alexander Oppers / 2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
In the case C-524/15, Luca Menci, the CJEU had to give guidance as to whether criminal proceedings against an individual – for the same act – can be brought after an administrative penalty was already imposed for not having paid high amounts of value added tax ... Read more

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EU European Court of Justice (ECJ) Protection of Financial Interests Ne bis in idem
CJEU: Acquittal in Criminal Proceedings Can Block Administrative Fines 
6 June 2018 (updated 6 months, 1 week ago)
Alexander Oppers / 2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 20 March 2018, the CJEU rendered decisions in two cases that dealt with another aspect within the framework of the admissibility of the duplication of administrative and criminal penalties under EU law. The joined cases C-596/16 and C-597/16 (Enzo Di Puma and ... Read more

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EU Ne bis in idem
CJEU Interprets Refusal Ground of Trials in absentia in the Context of Revocation of Suspended Convictions 
6 June 2018
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
Courts are increasingly encountering the problem of whether the newly introduced Art. 4a of the FD EAW (which regulates the conditions under which a EAW can be refused if the person is not present in the “trial resulting in the decision”) applies to decisions taken ... Read more

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EU European Court of Justice (ECJ) European Arrest Warrant
Irish High Court Questions Fair Trial Guarantee in Poland after Surrender 
6 June 2018 (updated 3 weeks, 6 days ago)
Alexander Oppers
On 23 March 2018, the Irish High Court filed a request for a Preliminary Ruling under Article 267 TFEU. It concerned a request for surrender from Poland on the basis of a European Arrest Warrant (EAW).In the case at issue ([2018] IEHC 153, the ... Read more

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EU European Arrest Warrant
First Case on Interpretation of EIO Brought Before CJEU 
6 June 2018
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
The first preliminary ruling procedure on substantial matters of the Directive is currently pending at the CJEU. A Bulgarian court lodged the reference in May 2017. Read more

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EU European Court of Justice (ECJ) European Investigation Order
MONEYVAL: Fifth Round Evaluation Report on Ukraine 
6 June 2018 (updated 6 months ago)
andras_csuri_1fc5ccbce0.jpg Dr. András Csúri
On 30 January 2018, Moneyval published its fifth round evaluation report on Ukraine (for the accompanying press release, see here). Moneyval calls for more dissuasive sentences for the relevant crimes, more resources, and the need to investigate and prosecute high-level cases more actively.The executive ... Read more

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Council of Europe Money Laundering