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New Drive in the Debate on Own Resources
19 July 2023
Thomas Wahl
On 20 June 2023, the Commission adjusted and complemented its 2021 proposal to establish new own resources for the EU budget (→ eucrim 2021, 213-214). The initiative (document: COM(2023) 331) comes after the Council had not shown much willingness to proceed with the …
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EU
Protection of Financial Interests
EP Resolution on Lessons from the Pandora Papers
18 July 2023
Dr. Anna Pingen
In a resolution adopted on 15 June 2023, MEPs discuss the lessons learned from the Pandora Papers and other data leaks on tax evasion schemes, and make a series of recommendations to combat tax abuse and money laundering.
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EU
Money Laundering
Tax Evasion
Spotlight
Exchange of Information between Law Enforcement Authorities on New Footing
12 July 2023
(updated 2 years, 10 months ago)
Thomas Wahl
in Issue
1/2023
A new Directive establishes a modern legal basis for the exchange of information between the EU Member States' law enforcement authorities. It will repeal the 2006 "Swedish Initiative". The Directive is founded on five principles and the future exchange of law enforcement information should be effectuated via a system of Single Points of Contact.
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EU
Law Enforcement Cooperation
Police Cooperation
EU Reactions to Russian War against Ukraine: Overview January 2023 – June 2023
12 July 2023
(updated 2 years, 10 months ago)
Dr. Anna Pingen
/
Thomas Wahl
in Issue
1/2023
This news item continues the reporting on key EU reactions following the Russian invasion of Ukraine on 24 February 2022 in view of the impact on the EU's internal security policy, criminal law, and the protection of the EU’s financial interests. The overview covers the period from beginning of January 2023 to the end of June 2023. It connects to previous overviews, which were published in the eucrim issues of 2022.
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EU
Ukraine conflict
Commission Proposal for a Regulation on the Transfer of Criminal Proceedings
11 July 2023
(updated 3 years, 1 month ago)
Thomas Wahl
in Issue
1/2023
On 5 April 2023, the Commission presented a proposal for a Regulation on the transfer of proceedings in criminal matters between Member States. The aim of the proposal is to generate more efficient criminal proceedings as well as better administration of justice within the EU.
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EU
Judicial Cooperation
AG: Volkswagen Cannot Be Penalised in Italy for “Dieselgate”
10 July 2023
(updated 2 years, 10 months ago)
Thomas Wahl
in Issue
1/2023
According to the opinion of the AG, Volkswagen cannot be punished twice for "Dieselgate" in Italy after having paid a fine in Germany in the same context, because there has not been sufficient coordination between the penalty proceedings in both States.
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EU
Ne bis in idem
Spotlight
ECJ: Double Prosecution of Criminal Organisation Possible
10 July 2023
Thomas Wahl
According to the ECJ, a Member State can exempt certain offences affecting its national security from the scope of the transnational ne bis in idem. This can also concern the offence of forming a criminal organisation in which the person prosecuted participated has engaged exclusively in financial crime, in so far as the action of that organisation intended to punish harm to the security or other equally essential interests of that state.
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EU
Ne bis in idem
ECA: Detection of Conflicts of Interests in Cohesion and Agricultural Spending Has Flaws
9 July 2023
Thomas Wahl
In a report, released on 13 March 2023, the European Court of Auditors (ECA) found loopholes in transparency and detecting situation at risk if it comes to conflicts of interests. ECA’s report focuses on how conflicts of interests as an irregularity affecting the EU budget have been addressed in agricultural and cohesion policy – the EU’s biggest spending areas.
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Protection of Financial Interests
ECA Calls for Simplification and Better Accountability of EU’s Complex Financial Landscape
9 July 2023
Thomas Wahl
On 1 March 2023, the European Court of Auditors (ECA) published a special report “The EU’s financial landscape – A patchwork construction requiring further simplification and accountability”. ECA auditors call for further simplification of the complex EU financial landscape and recommend making efforts for consolidation. They point out that the EU’s current financial landscape has been described by the European Parliament as a “galaxy of funds and instruments surrounding the EU budget”.
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Protection of Financial Interests
Spotlight
ECA Warns of Gaps in the Control of the Recovery and Resilience Facility
9 July 2023
(updated 1 year, 5 months ago)
Thomas Wahl
in Issue
1/2023
On 8 March 2023, the European Court of Auditors (ECA) published a report in which it warns of gaps in the protection of the EU's financial interests and criticises the Commission's control system for the Recovery and Resilience Facility (RRF). The ECA took a closer look at the design of the Commission’s control system for the RRF and how it fulfils criteria of assurance and accountability.
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Protection of Financial Interests
RRF Disbursements Break €150 Billion
9 July 2023
Thomas Wahl
On 31 March 2023, the Commission reported that it has meanwhile disbursed over €150 billion to EU Member States under the Recovery and Resilience Facility (RRF), which started 2 years ago.
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Protection of Financial Interests
Spotlight
Commission’s Draft on US Adequacy Decision Faces Headwind
6 July 2023
(updated 2 years, 11 months ago)
Thomas Wahl
in Issue
1/2023
The Commission's draft for an adequacy decision that would allow the free flow of personal data from the EU to the USA met criticism by the European Data Protection Board and the European Parliament. Further progress is uncertain at the moment.
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EU
Data Protection
Arrangement with Ukrainian Anti-Corruption Authority
5 July 2023
Thomas Wahl
On 3 July 2023, the EPPO and National Anti-Corruption Bureau of Ukraine (NABU) concluded a working arrangement which aims to foster cooperation particularly in corruption cases affecting the EU’s financial interests.
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EU
European Public Prosecutor's Office (EPPO)
Arrangement with Special Prosecution Service in Albania
5 July 2023
Thomas Wahl
On 29 June 2023, the EPPO concluded a working arrangement with the Special Anti-Corruption and Organised Crime Structure of the Republic of Albania (SPAK). SPAK is a specialised prosecution service independent from the General Prosecutor’s Office of Albania.
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EU
European Public Prosecutor's Office (EPPO)
OLAF Strengthens Cooperation with World Bank
30 June 2023
Thomas Wahl
OLAF further strengthened its cooperation with the World Bank. On 13 June 2023, OLAF Director-General Ville Itälä and GIA Vice President and Auditor General Anke D’Angelo signed an administrative cooperation arrangement in Brussels. GIA – the Group Internal Audit Vice Presidency of the World …
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EU
OLAF
OLAF Gets Access to Trade and Companies Information in France
30 June 2023
Thomas Wahl
On 5 June 2023, OLAF signed an agreement which enables the Office to get direct access to legal and financial information held by clerks in France. The cooperation agreement was concluded with the French National Council of Commercial Court Clerks (Conseil National des Greffiers …
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EU
OLAF
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