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Asset recovery has been at the forefront of recent international initiatives in the areas of criminal law and judicial cooperation in criminal matters. In this spirit, the Conference of the Parties to the Warsaw Convention on money laundering and the financing of terrorism aims to …

Early in its development, the EU’s anti-money laundering (AML) scheme was already criticized for its interference with the fundamental rights to privacy. Quite recently, some scholars have highlighted that customer due diligence obligations constitute a massive retention of financial data. Consequently, they have tried to …

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…

I. Framework Decision 2005/214 1. Introduction Framework Decision 2005/214/JHA on the application of the principle of mutual recognition of financial penalties (hereinafter FD 2005/214) was adopted on 24 February 2005.1 It set a deadline for Member States to comply with its provisions: 22 March 2007. As of today, 24 Member States have transposed FD 2005/214 into their respective national law.2 This instrument provides for an EU-wide execution of financial penalties on the basis of the principle of mutual recognition. FD 2005/214 has broken new ground. Before 2005, a multilateral or EU instrument for the trans-border execution of financial penalties had…

I. Preliminary Remarks Of the most significant innovations of the Treaty of Lisbon, one must refer to the conferral to the EU of a competence in criminal matters,1 according to which the national legislator, in some cases, is under the obligation to adopt criminal provisions implementing measures regulating criminalization decided at the supranational level. Indeed, according to Art. 83 TFEU, the EU legislative bodies – European Parliament and Council in co-decision − “establish, by means of directives adopted in accordance with the ordinary legislative procedure, minimum rules concerning the definition of criminal offences and sanctions.” Such a competence is conferred…

European integration in the field of security and criminal law has been largely based on the establishment of mechanisms of inter-state cooperation. Inter-state cooperation has both an internal and an external dimension. The internal dimension consists of the establishment of mechanisms of inter-state co-operation via …

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 …

In the context of the European Union’s area of freedom, security and justice (AFSJ), “the need to strike the right balance” between the effectiveness of criminal prosecution and cooperation in criminal matters, and the protection of fundamental rights, but also between the primacy of EU …

ANOM was an undercover law enforcement operation in which the American FBI distributed encrypted mobile phones with a hidden backdoor, allowing authorities to monitor previously untraceable criminals’ communication in real time. Many details of the operation were kept confidential by law enforcement. The intelligence gathered …

This article focuses on the different implementation solutions of mutual recognition framework decisions, based on a study of the first four framework decisions and their implementation in the Nordic Member States. The Lisbon Treaty changed the environment of EU criminal law and explicitly mentions mutual …