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Article
A Reasoned Approach to Prohibiting the Bis in Idem

The ne bis in idem protection in Art. 50 CFR restricts the ability of EU and national enforcement authorities to prosecute or punish the same defendant for the same criminal offence more than once. Under the Member States’ legal traditions, the notion of “same offence“ …

Published 4 years, 3 months ago
Article
Digitalising Justice Systems to Bring Out the Best in Justice

This special contribution outlines the recent Commission proposals on digitalisation of EU justice systems. On 1 December 2021, the European Commission adopted three initiatives that will make digital communication channels the default channel in cross-border judicial cases, thus translating one of the priorities set out …

Published 4 years, 4 months ago
Article
Guest editorial eucrim 3-2021
Dear Readers, This eucrim issue comes at a critical juncture in the protection of the EU taxpayers’ money and the work of the European Anti-Fraud Office (OLAF). Like everyone, we at OLAF soon hope to see the light at the end of the pandemic tunnel and gradually return to a “new normal” lifestyle. For OLAF, these times mark an important turning point, namely confirmation that the EU has made substantial progress in modernising the EU framework to fight fraud against its financial interests. I especially welcome the start of operations of the European Public Prosecutor’s Office (EPPO), which brings Regulation…
Published 4 years, 5 months ago
Article
Italian Recovery and Resilience Plan and the Protection of EU Financial Interests ‒ Enhancing the Criminal Justice System in the Age of Structural Reforms

“Reform commitments in the Italian Recovery and Resilience Plan modernize the criminal justice system and increase the effectiveness and efficiency of criminal protection against EU fraud, in line with constitutional rights and guarantees.”

Published 4 years, 5 months ago
Article
Protecting the EU’s Financial Interest in the New Recovery and Resilience Facility – The Role of the European Anti-Fraud Office

The Recovery and Resilience Facility (RRF) is a key initiative providing up to €723.8 billion in support of Europe’s economic and social recovery from the Covid-19 pandemic. In light of the unprecedented scale and delivery mechanism of the Facility, the question arises as to how …

Published 4 years, 5 months ago
Article
The New Union Anti-Fraud Programme

As part of its current Multiannual Financial Framework (MFF), the European Union (EU) adopted a new Anti-Fraud Programme on 29 April 2021. It merges the support previously offered under the Hercule III Programme with the Anti-Fraud Information System. Both the increased MFF budget and the …

Published 4 years, 5 months ago
Article
Negotiation and Transposition of the PIF Directive ‒ The German Perspective

This article reflects on the negotiations concerning Directive (EU) 2017/1371 of the European Parliament and of the Council on the fight against fraud to the Union’s financial interests by means of criminal law (the “PIF Directive”) and discusses some of the controversial issues at that …

Published 4 years, 5 months ago
Article
The European Anti-Fraud Office and the European Public Prosecutor’s Office : A Work in Progress

The European Anti-Fraud Office (OLAF) and the European Public Prosecutor’s Office (EPPO) are the two investigative bodies at the EU level that together will effectively detect, investigate, and protect the EU’s financial interests by combining the strengths of an administrative investigation with those of a …

Published 4 years, 5 months ago
Article
Typologies of EU Fraud

Until the European Public Prosecutor’s Office was set up, the competence for investigating and prosecuting criminal offenses against the financial interests of the EU in Romania belonged to the specialized anticorruption prosecution office, the DNA (National Anti-Corruption Directorate). The DNA looks back on 18 years …

Published 4 years, 5 months ago
Article
Protecting the EU’s Financial Interests through Criminal Law: the Implementation of the “PIF Directive”

This article provides a summary of a recent Commission report on the implementation of Directive (EU) 2017/1371 on the fight against fraud to the Union’s financial interests by means of criminal law (the “PIF Directive”). This Directive, which is part of the Commission’s overall anti-fraud …

Published 4 years, 7 months ago