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Although the significance of electronic evidence for criminal investigations of any type of criminal offence has been steadily growing for years, respective legal frameworks in all EU Member States are only fragmented – if they exist at all. There is an urgent need for comprehensive …

The article summarises the recent references of German criminal courts to the ECJ seeking guidance on the interpretation of the German procedure for penal orders (Strafbefehlsverfahren). Conformity was sought with regard to the EU directives on the right to interpretation/translation and the right to information. …

Some EU Member States have already adopted broad-ranging whistleblowing legislation because of financial or public health scandals. In this context, the European Parliament suggested a draft directive to protect whistleblowers by offering a “horizontal” approach covering all public and private sectors. In 2018, the European …

Recent scandals, such as Dieselgate, Luxleaks, the Panama Papers, and Cambridge Analytica, came to light thanks to whistleblowers who “raised the alarm” over unlawful activities in the organisation for which they worked. From their position as "insiders," whistleblowers can provide enforcement authorities with key information …

Many recent scandals, such as Dieselgate, Luxleaks, the Panama Papers, and Cambridge Analytica, might never have come to light if “insiders” had not had the courage to speak up about wrongdoing occurring in their workplaces. These are only a few examples of how whistleblowers help …

The article critiques recent EU AML moves—4AMLD and the Commission’s 2016 package—through five lenses: scope, ECDD, beneficial ownership, FIUs, and criminalisation. It welcomes extending coverage to gambling and lowering the cash threshold, but flags gaps (e.g., construction/property developers; ambiguity on letting agents) and says virtual-asset …

The article analyses the EU’s anti-money laundering (AML) framework under Directive 2015/849 (the fourth AML Directive) and the Commission’s July 2016 proposal for amendments. Met-Domestici explains how the reforms respond to terrorist financing risks and evolving laundering methods by broadening the scope of obliged entities …

The Commission’s proposal for a directive amending the fourth AML directive raises numerous issues concerning respect of the rights to privacy and to protection of personal data. The main challenges are related to the creation of central and public registries of beneficial ownership information and …

Dear Readers, Money laundering and other forms of illicit financial crime damage the integrity and stability of the social and economic system. Moreover, this phenomenon represents a scourge afflicting the trust of citizens in the market, both nationally and on the single market level. Especially since the nineties of the last century, when money launderers began to take advantage of the freedom of capital movements, money laundering and terrorism financing became significant problems. These forms of crime are therefore permanently on the political agenda in the EU and internationally, and remain a permanent challenge for national regulators, the European Union,...

The article explains the genesis and content of Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused in criminal proceedings, the fifth measure of the Roadmap on procedural rights. Cras outlines the legislative negotiations and comments on selected provisions: scope and …