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Article
Ending Impunity for the Violation of Sanctions through Criminal Law

This article discusses the two-step approach proposed by the Commission to end impunity for those violating sanctions (“Union restrictive measures”) following Russia’s invasion of Ukraine. The first step concerns a proposal for a Council Decision identifying the violation of Union restrictive measures as an area …

Published 3 years, 9 months ago
Article
The Future of EU Sanctions against Russia: Objectives, Frozen Assets, and Humanitarian Impact

EU sanctions against Russia are unprecedented in their breadth, as well as in the seriousness of the wrongdoing they seek to address. As a result, the EU finds itself in uncharted waters as it develops its sanctions policy vis-à-vis Russia. This paper offers an overview …

Published 3 years, 10 months ago
Article
War and Corruption in Ukraine

The situation concerning corruption in Ukraine before the Russian invasion was not particularly encouraging: there were no significant improvements on the ground; independent, newly established, specialised anti-corruption bodies were being hindered from doing their job in every possible way. As in almost all countries participating …

Published 3 years, 11 months ago
Article
Potentials and Limits of Public-Private Partnerships against Money Laundering and Terrorism Financing

In its 2020 Action Plan to comprehensively reform the EU’s Anti-Money Laundering and Terrorism Financing (AML/CFT) framework, the European Commission announced, inter alia, that it would issue guidance for Public-Private Partnerships (PPPs). Furthermore, in respect of the envisaged new EU-level Anti-Money Laundering Authority (AMLA), the …

Published 4 years ago
Article
The Anti-Money-Laundering Directive and the ECJ’s Jurisdiction on Data Retention

Early in its development, the EU’s anti-money laundering (AML) scheme was already criticized for its interference with the fundamental rights to privacy. Quite recently, some scholars have highlighted that customer due diligence obligations constitute a massive retention of financial data. Consequently, they have tried to …

Published 4 years ago
Article
Guest editorial eucrim 1-2022
Dear Readers, The past year was again a challenging one for Europe and the world, due to the persisting COVID-19 pandemic. 2021 was also marked by one of the largest global money laundering scandals in recent history – the “Pandora Papers.” It demonstrated the growing scale of the money laundering threat and the persistence of launderers in abusing the international financial system to hide their illicit proceeds. We are facing a combination of older and newer money laundering methods – both requiring coordinated action from governments in Europe and around the world. Traditional money laundering uses offshore jurisdictions while concealing…
Published 4 years ago
Article
The Role of Local Authorities in the Prevention of and Fight against Money Laundering

Criminal organisations use and misuse legal structures in order to launder the money they earn through crimes. Local authorities can unwittingly and unwillingly facilitate crime and money laundering. After all, criminals or people who can be linked to crime and money laundering have to make …

Published 4 years ago
Article
Le notariat italien et européen en première ligne dans la lutte contre le blanchiment d’argent

This article describes the role and activities of the Italian notary in the fight against money laundering. The Italian notaryship has always been committed to this fight: compared to other professional groups obliged by the relevant anti-money laundering legislation, notaries submit 91% of the reports …

Published 4 years ago
Article
Guest editorial eucrim 4-2021
Dear Readers, The front page of the eucrim issues published from 2006 to 2009 included the byline: “Successor to Agon”. Indeed, to express the fight against fraud, the term “agon” (an ancient Greek term for “fight”) had been chosen as the title of the original bulletin launched in April 1993 for the Associations of lawyers for the protection of the financial interests of – at that time – the European Community. The Associations were created following a landmark seminar in Brussels in 1989 that demonstrated the need for structures at the national level to bring together practitioners and academics and…
Published 4 years, 2 months ago
Article
Compensation for Unjustified Detention and the European Arrest Warrant

This article sheds light on the compensation for unjustified detention that occurred while carrying out the European Arrest Warrant. First, the article exposes the reality of the lack of regulation of this matter and the necessity of having a normative reference at the level of …

Published 4 years, 3 months ago