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Article
A Heavily Regulated Industry
The Evolving Nature of Financial Regulation Until the early 1970s, the various national systems of banking regulation had largely monetary objectives. Controls on commercial banking activity (including administratively set interest rates, quantitative limits on credit expansion, and reserve requirements) were imposed for the purpose of preventing the over- or under-expansion of the money and bank credit supply. In addition, in many countries, including the UK and France, the state sought to direct the flow of available credit towards certain economic areas and activities, and away from others. Another policy concern related to the conditions of competition within the banking industry;…
Published 6 years, 9 months ago
Article
A Game of Chance

Abstract: The article offers a critical reflection on the ongoing debate over the “Future of Europe” scenarios envisioned in the European Commission’s White Paper of 1 March 2017. Five potential scenarios are described, which enable a peek into the future, and the article explores whether …

Published 7 years, 11 months ago
Article
EncroChat – A Judicial Chronology

The EncroChat investigation marks a turning point in European criminal justice, revealing unprecedented legal and technical challenges that arose from the hacking of encrypted communication devices (“cryptophones”). The operation originated in France and escalated with the deployment of Trojan-style malware, which enabled the collection of …

Published 1 month ago
Article
Procedural Rights of Persons under Investigation by OLAF

The article examines the investigative role of the European Anti-Fraud Office (OLAF) and the procedural rights implications arising from its anti-fraud activities.

Published 2 months ago
Article
Digital Iatrogenesis

Limitations associated with online regulatory frameworks can be better understood by integrating pertinent insights from medicine and theoretical biology. Using insights from the biopsychosocial model, we argue that contemporary Internet regulations are problematic for three reasons. First, they pay insufficient attention to the unique structural …

Published 3 years ago
Article
The Influence of the Judgment of the European Court of Human Rights in the Case of Tsonyo Tsonev v. Bulgaria

This case annotation on the judgment of the European Court of Human Rights of 14 January 2010 in Tsonyo Tsonev v. Bulgaria (№ 2 - application № 2376/03) reveals that the case entails several significant and sensitive issues of fundamental importance, greatly exceeding the dimensions …

Published 5 years, 2 months ago
Article
Admissibility of Evidence in Criminal Proceedings in the EU

With the increase in volume and importance of cross-border investigations in the EU, ensuring the admissibility of evidence gathered in another Member State at trial is crucial − both for efficient law enforcement and for the protection of fundamental rights. At present, the rules on …

Published 5 years, 3 months ago
Article
A Matter of Life & Death: Whistleblowing Legislation in the EU

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 …

Published 7 years, 4 months ago
Article
The Directive on the Right to Legal Aid in Criminal and EAW Proceedings

The article traces how Directive (EU) 2016/1919 on legal aid—adopted 26 Oct 2016—completed the 2009 Procedural Rights Roadmap. It recounts why “measure C” (access to a lawyer + legal aid) was split, the Commission’s 2013 proposal (initially focused on provisional legal aid), and the political …

Published 7 years, 5 months ago
Article
Transnational Evidence

On 3 April 2014, Directive 2014/41/EU regarding the European investigation order in criminal matters was finally approved. This instrument seeks to overcome the present fragmentary regulation on the gathering and transfer of cross-border evidence and improve the efficiency of the international judicial cooperation among the …

Published 9 months, 4 weeks ago