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Article
Criminal Liability of Heads of Business

The article examines the concept and scope of criminal (and punitive administrative) liability of heads of business in protecting the EU’s financial interests. While the 1995 PIF Convention innovatively introduced such liability, the subsequent PIF Directive dropped it, leaving a fragmented legal landscape across Member …

Published 7 years, 4 months ago
Article
The Directive on the Fight against Fraud to the Union’s Financial Interests by means of Criminal Law (PFI Directive)

This article gives an account of the negotiations of the Commission proposal for the Directive
on the fight against fraud to the Union's financial interests by means of criminal law ("PIF Directive"). It also outlines the key elements of the finally adopted legal instrument …

Published 7 years, 4 months ago
Article
The Establishment of the European Public Prosecutor's Office

The establishment of a European prosecution office with the competence to fight crimes against the financial interests of the EU has been the subject of discussion for many years . Twenty years after the Corpus Juris experts recommended setting up a European Public Prosecutor's Office …

Published 7 years, 4 months ago
Article
Repercussions of the Establishment of the EPPO via Enhanced Cooperation

This article addresses several issues on the added value of the recently established European Public Prosecutor's Office (EPPO). One section of the article explores whether the establishment of the EPPO via enhanced cooperation undermines the added value of the EPPO in combating crimes affecting the …

Published 7 years, 4 months ago
Article
Cross-Border Crimes and the European Public Prosecutor’s Office

This contribution aims to shed light on some issues concerning the cross-border cases (already or potentially) falling within the competence of the EPPO. The notion of “cross-border cases” – them being PIF offences or other offences – encompasses at least three scenarios:
i) Cases involving two …

Published 7 years, 4 months ago
Article
The Hybrid Architecture of the EPPO

The Commission’s proposal for the Regulation establishing a European Public Prosecutor's Office (EPPO) had been under negotiation within the Council for more than three years. Remarkably, the Regulation provides for shared competence between the Member States and the EPPO as regards the prosecution of PIF …

Published 7 years, 4 months ago
Article
La confiance mutuelle sous pression dans le cadre du transfert de personnes condamnées au sein de l’Union Européenne

This article discusses the limits on mutual trust in the context of transfer of sentenced persons following the CJEU’s Aranyosi and Căldăraru judgment. It summarizes the main findings of a recent legal and empirical analysis of mutual recognition cases conducted in five EU Member States: …

Published 7 years, 4 months ago
Article
The EPPO Implementation: A Perspective from Spain

Spain has been especially supportive of the creation of the EPPO after its mention in the Treaty of Lisbon − and even before that. Notwithstanding, Spain negotiated the implementation of the EPPO knowing that this would necessitate – partly fundamental − structural changes of its …

Published 7 years, 4 months ago
Article
Guest Editorial eucrim 3/2017
Dear Readers, A strong European Union budget, particularly its sound and correct implementation, is a key element in building trust among European citizens. The resources at the disposal of the EU need to be properly managed and well spent in order to make a real difference in people’s lives. Ensuring that these resources are not the object of fraud or corruption is therefore an essential objective. The adoption by the Council of the Regulation establishing the European Public Prosecutor’s Office (EPPO) on 12 October 2017 marks a decisive step in this direction. The EPPO will be established by way of...
Published 7 years, 4 months ago
Article
Asking the Right Questions: Interviewing in PIF Investigations

The current institutional set-up to fight EU fraud is considered unsatisfactory. With the creation of the EPPO, the definition of the offences it will investigate and prosecute, and the OLAF Regulation under revision, the EU has carved out a new institutional set-up. The objective, both …

Published 7 years, 4 months ago