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Article
Eurojust and External Dimension of EU Judicial Cooperation

Eurojust – the European Union Agency for Criminal Justice Cooperation – was first established by Council Decision 2002/187/JHA (Eurojust Decision). It is tasked primarily with the facilitation and coordination of criminal investigations and prosecutions of transnational crime in the countries that are members of the …

Published 6 years, 4 months ago
Article
OLAF Investigations Outside the European Union

The European Anti-Fraud Office (OLAF) is an independent body that fights against illegal activities affecting the Union’s financial interests. It carries out investigations of an administrative nature, both within the European Union and beyond its borders.
This article outlines the legal framework within which OLAF …

Published 6 years, 5 months ago
Article
Rethinking Judicial Cooperation between Africa and Europe

In 1993, France appointed the first liaison magistrate in Italy to improve judicial cooperation between the two countries. Since then, various European, American, North African, and Middle Eastern countries have created liaison magistrate posts worldwide, but this tradition does not exist in Sub-Saharan Africa. Such …

Published 6 years, 5 months ago
Article
La coopération en matière pénale entre le Parquet européen et la Suisse comme État tiers

Mutual assistance in criminal matters between the European Public Prosecutor’s Office (EPPO) and third States, including Switzerland, is a true challenge. The need for cooperation will exist from the very first days of the EPPO’s existence, but its implementation is a problematic issue: on the …

Published 6 years, 6 months ago
Article
Judicial Cooperation Between the EPPO and Third Countries

The article deals with the European Public Prosecutor’s Office’s (EPPO’s) specific role in the fight against EU fraud in relation to third countries, i.e. countries outside the EU. It contains an overview of the various legal avenues in the EPPO Regulation that the EPPO may …

Published 6 years, 6 months ago
Article
Guest Editorial eucrim 4/2012
Dear Readers, I am very pleased to introduce this issue of eucrim, devoted to the fight against organised crime − a very complex criminal phenomenon covering a wide range of serious offences threatening the security and fundamental rights of EU citizens, the proper functioning of business and public institutions, and the solvency of the economy and financial markets. To tackle organised crime and bring criminals to justice, competent authorities of Member States and EU agencies need to work together, align their actions, and ensure complementarity. Eurojust’s core tasks, ensuring proper cooperation and coordination, contribute to these goals, resulting in swiftly…
Published 6 years, 7 months ago
Article
Legal Nature of European Union Agricultural Penalties

The article analyses the ECJ’s judgment in Bonda (C-489/10), which addressed whether exclusions and reductions of agricultural aid under EU law constitute criminal penalties. The Court confirmed that such measures are specific administrative instruments linked to participation in aid schemes and aimed at protecting the …

Published 6 years, 7 months ago
Article
Anti-Money Laundering: New Obligations Imposed by the 2012 Guardia di Finanza Circular in Italy
The initial source of the money laundering legislation that is still in full development is Directive 1991/308/EU (also known as the “first directive”) on prevention of the financial system from laundering the proceeds of criminal activities. Directive 2001/97/EU (the “second directive”) on the subject of prevention of employment of the financial system for laundering the proceeds of illicit activities demands a higher standard of obligations on the part of the Member States and extends the scope of the subjects upon whom such obligations are imposed. Italian Legislative Order 231/2007 brings into effect the Directive 2005/60/EU (the “third directive”). It introduces…
Published 6 years, 7 months ago
Article
The Evolving Structure of Online Criminality
Increasing dependency of the society on the information technologies raises concerns over vulnerabilities in cyberspace and the “dark side” of the information networks. The growth of digital operations in legitimate markets is one of the vital factors for the economic development. However, as markets and trading themselves have always attracted criminals seeking benefits from illegal activities, digital networks become a key enabler for the growth of cybercrime, both with regard to committing traditional crimes in the Internet and to developing new types of computer misuse. Cybercrime has been evolving in line with how society uses digital networks, reacting to every…
Published 6 years, 7 months ago
Article
Addressing Organised Crime in Fraud Cases – Developing a More Efficient Legal Framework
The European Union has adopted and developed a comprehensive framework to combat offences affecting its financial interests over the years. It established a specific investigative service, the European Anti-Fraud Office (OLAF) in 1999, which is competent to conduct administrative investigations when there is suspicion of fraud or any illegal activity affecting the budget of the Union.1 OLAF can fully independently conduct internal investigations (i.e., inside any European institution or body funded by the EU budget) and external investigations (i.e., at the national level if the EU’s financial interests are affected); to this end, it cooperates closely with competent national authorities…
Published 6 years, 7 months ago