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Article
The Ventotene Manifesto and the European Area of Freedom, Security and Justice

The article reflects on the legacy of the 1941 Ventotene Manifesto in light of today’s European Area of Freedom, Security and Justice (AFSJ). While Spinelli and his co-authors could not foresee cross-border judicial cooperation or harmonised procedural rights, their call for federalism and equality foreshadowed …

Published 7 years, 5 months ago
Article
Reform des europäischen Datenschutzrechts

Data protection is one of today's most important challenges. Cross-border crime, terrorist risks, and new technologies all contribute to an increase in the collection and movement of personal data. This contribution first gives an overview of the content of the recently reformed European data protection …

Published 7 years, 5 months ago
Article
Guest Editorial eucrim 2/2017
Dear Readers, The year 2017 has brought and will hopefully lead to further major steps in the development of a true European Criminal Justice Area, particularly but not only with regard to the protection of the EU’s financial interests by criminal law. The adoption of the Directive on the fight against fraud to the Union’s financial interests by means of criminal law, the so-called ''PIF Directive,'' is a key achievement in putting an end to the largely outdated 22-year-old "PIF Convention." With its comprehensive catalogue of criminal offences, including fraud, corruption, money laundering, and misappropriation affecting the EU budget as...
Published 7 years, 5 months ago
Article
The European Public Prosecutor’s Office – More Effective, Equivalent, and Independent Criminal Prosecution against Fraud?

The adoption of the regulation establishing the European Public Prosecutor's Office is a decisive step in the completion of the institutional settings for the protection of the EU’s financial interests. This article looks back at the origins of the project and recalls its underlying rationale. …

Published 7 years, 5 months ago
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, 5 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, 5 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, 5 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, 5 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, 5 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, 5 months ago