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Guest Editorial eucrim 4-2023
Dear Readers, Recital 5 of Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget serves as a reminder that the EU’s legal structure is based on the fundamental premise that “each Member State shares with all the other Member States, and recognizes that they share with it, a set of common values on which the Union is founded, as stated in Article 2 TEU.” This commitment to complying with the Treaties, including the fundamental principles of the rule of law, justifies mutual trust between the Member States. Each and every Member State…
Published 2 years, 1 month ago
Article
Yes Indeed, Efficiency Prevails

The first preliminary ruling request concerning the EPPO Regulation prompted the European Court of Justice to interpret the provisions of Article 31 regarding cross-border investigations. In its judgment of 21 December 2023, the Court largely, but not fully, followed the considerations and the proposed response …

Published 2 years, 1 month ago
Article
Prospects and Models of Combating Cryptocurrency Crimes

This article discusses the growing concerns regarding the convergence of virtual currencies and mainstream finance, which is leading to an increase in illicit activities such as money laundering and terrorism financing. The challenges that law enforcement faces in addressing these crimes are exacerbated by limited …

Published 2 years, 2 months ago
Article
Recovery of Proceeds from Crime – Time to Upgrade the Existing European Standards?

Asset recovery has been at the forefront of recent international initiatives in the areas of criminal law and judicial cooperation in criminal matters. In this spirit, the Conference of the Parties to the Warsaw Convention on money laundering and the financing of terrorism aims to …

Published 2 years, 2 months ago
Article
Trade-offs in Auditing the EU Recovery and Resilience Facility – Flexibility vs Compliance

The EU Recovery and Resilience Facility (RRF) is a very particular option for managing resources at EU level. One of its features is the involvement of national audit authorities when it comes to ensuring that financed projects are implemented in a timely and reliable fashion. …

Published 2 years, 2 months ago
Article
Seven Arguments in Favour of Rethinking Corruption

The act of “rethinking” corruption is necessary due to a global stagnation after more than two decades of international anticorruption efforts. The issue of corruption is being reframed as a security issue, rather than a developmental one, but the role international agency play in changing …

Published 2 years, 3 months ago
Article
Developing Public-Private Information Sharing to Strengthen the Fight Against Money Laundering and Terrorism Financing

This article features the summary of the EU-funded ParTFin project. The full report can be downloaded below and separately cited by using a unique DOI number (10.30709/eucrim-2023-031). The project aimed at providing guidance for policymakers, competent authorities, and obliged entities on how to ensure that …

Published 2 years, 3 months ago
Article
Combating Corruption in EU Legislation

The anti-corruption package presented by the European Commission in May 2023 reaffirms the priority given to combating corruption crimes in the EU. In response to the current disharmony and fragmentation of national legal systems, the proposal for a new EU Directive on combating corruption calls …

Published 2 years, 3 months ago
Article
Liability for Corruption in Poland in Light of the Commission Proposal for a New Directive on Corruption

This article refers to the Polish anti-corruption law and the new European Commission proposal for a Directive on combating corruption. It aims at analysing the Polish provisions currently in force in light of the Commission proposal. Against the background of the anticipated new EU legal …

Published 2 years, 3 months ago
Article
The Amendment of the PIF Directive by the New Proposal for a Directive on Combating Corruption

This article outlines the targeted amendment of the PIF Directive proposed in the Commission’s legislative initiative for a Directive on Combating Corruption, which was tabled in May 2023. The targeted amendment seeks to align the PIF Directive with the standards set out in said anti-corruption …

Published 2 years, 3 months ago