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New Directive Criminalises Fraud and Counterfeiting of Non-Cash Means of Payment
17 June 2019
Thomas Wahl
The European Parliament and the Council established new rules on combating fraud and the counterfeiting of non-cash means of payment. Directive 2019/713 was published in Official Journal L 123/18 of 10 May 2019. The Directive goes back to a Commission proposal of September 2017 (see …
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EU
Non-Cash Means of Payment
Strengthening European Supervision on Anti-Money Laundering – EP and Council Agree
17 June 2019
Thomas Wahl
In March 2019, the European Parliament and the Council reached a provisional agreement on the reform of European rules that aim to strengthen the mandates, governance, and financing of the European Supervisory Authorities (ESAs)by giving them. The reform will give the ESAsgreater responsibility for ensuring …
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EU
Money Laundering
Directive on Better Law Enforcement Access to Financial Information on Way
17 June 2019
Thomas Wahl
The Council and European Parliament went ahead with the Commission’s proposal for a directive laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences and repealing Council Decision 2000/642/JHA (COM(2018) 213, eucrim 1/2018, …
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EU
Money Laundering
EDPS Opinion Combating VAT Fraud Related to E-Commerce
17 June 2019
Thomas Wahl
On 14 March 2019, the European Data Protection Supervisor (EDPS) issued an opinionon a legislative initiative that aims at curbing VAT fraud in the area of e-commerce. The initiative was tabled by the Commission in December 2018 and consists of two proposals, one for …
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EU
Protection of Financial Interests
Tax Evasion
Spotlight
Commission Presents New Anti-Fraud Strategy
17 June 2019
(updated 4 years, 11 months ago)
Thomas Wahl
More consistency, better coordination, and more data-driven anti-fraud measures – these are the main elements of the Commission’s new Anti-Fraud Strategy (CAFS) that was tabled on 29 April 2019 in the form of a Communication (COM(2019) 196 final). The CAFS is an internal policy …
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EU
Protection of Financial Interests
Investment Fund Misuse in Romania
17 June 2019
Thomas Wahl
On 9 April 2019, OLAF reported on a successful operation led by the Romanian National Anti-Corruption Directorate (DNA). With OLAF’s support, investigators revealed a kickback scheme being used by an organised criminal group that involved corruption, influence peddling, and money laundering. Losses in EU investment …
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EU
European Court of Human Rights
OLAF
2019 EU Justice Scoreboard: Downward Trend for Judicial Independence
17 June 2019
(updated 7 years ago)
Thomas Wahl
On 26 April 2019, the Commission published the 2019 EU Justice Scoreboard. The Scoreboard presents an annual comparative overview of indicators relevant for the independence, quality, and efficiency of justice (for the Justice Scoreboards of previous years, see eucrim 2/2018, 80-81, and eucrim …
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EU
Legislation
Updated Rules on European Citizens’ Initiatives
17 June 2019
Thomas Wahl
At the end of March 2019, the Council and the European Parliament passed a Regulation that reforms the European citizens’ initiative. The European citizens’ initiative is a democratic participation tool by which citizens may influence EU policy. If the Commission has the power to …
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EU
Legislation
EP-Studies on Algorithmic Decision-Making
17 June 2019
Thomas Wahl
The European Parliamentary Research Service published two studies dealing with algorithms used in systems to support decision-making. The studies were designed to provide a basis for future debates in the European Parliament on the issue of algorithmic decision-making systems.The first study, “Understanding algorithmic decision-making: …
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EU
Security Union
Commission Takes Stock of Security Union Progress
17 June 2019
Thomas Wahl
On 20 March 2019, the European Commission presented its 18th“progress report towards an effective and genuine Security Union.” Within the framework of this series (see also eucrim 3/2016, 123), this report especially takes stock of the progress made on the main building blocks of the …
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EU
Security Union
CCBE: Recommendations on Protection of Fundamental Rights in “National Security” Context
17 June 2019
Thomas Wahl
The concept of “national security” is often used in modern democratic societies to justify intrusive surveillance measures or other interference in an individual’s fundamental rights. A universally accepted definition of national security is lacking, however, which makes it difficult for courts to review state actions …
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EU
Fundamental Rights
European Citizens’ Initiative on Respect for the Rule of Law Admitted
17 June 2019
(updated 4 years, 10 months ago)
Thomas Wahl
On 3 April 2019, the Commission registered a European citizens’ initiative called “Respect for the rule of law within the European Union.”The European citizens’ initiative is a democratic participation tool by which citizens may influence EU policy. It was introduced by the Lisbon Treaty. …
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EU
Fundamental Rights
Rule of Law
Commission Triggers Debate on Future EU Rule-of-Law Toolbox
17 June 2019
(updated 4 years, 10 months ago)
Thomas Wahl
On 3 April 2019, the Commission published a Communication entitled “Further strengthening the Rule of Law within the Union.” The Communication aims at triggering a reflection process on how the EU toolbox for defending and maintaining the fundamental value of the rule of law in …
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EU
Fundamental Rights
Rule of Law
AG: Polish Supreme Court Reform is Against EU Law
17 June 2019
Thomas Wahl
Polish legislation lowering the retirement age of Supreme Court judgesviolates EU law, according to the opinion of Advocate General EvgeniTanchev. The opinion was released on 11 April 2019 and concerns one of three infringement procedures that have, in the meantime, been launched by the …
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EU
Fundamental Rights
Commission Launches Another Infringement Procedure Against Poland
17 June 2019
(updated 7 months, 4 weeks ago)
Thomas Wahl
The Commission has targeted another aspect of judicial reform in Poland. On 3 April 2019, the Commission launched a new infringement procedure against Poland. It addresses the recently introduced disciplinary regime for judges.The Commission believes that the disciplinary regime is contrary to the obligations …
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EU
Fundamental Rights
Global Decline in Rule-of-Law Performance
17 June 2019
(updated 4 years, 10 months ago)
Thomas Wahl
“More countries declined than improved in overall rule of law performance for the second year in a row, continuing a negative slide toward weaker rule of law around the world.” This is one of the main findings of the annual worldwide rule of law index …
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EU
Fundamental Rights
Rule of Law
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