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Article
The European ne bis in idem at the Crossroads of Administrative and Criminal Law

This article discusses the recent developments in the case laws of the European Courts on the principle of ne bis in idem at the interface between criminal and administrative law, in particular with regard to the legitimacy of double-track enforcement systems. It is argued that …

Published 6 years, 8 months ago
Article
Where Should the European Union Go in Developing Its Criminal Policy in the Future?

The article reflects on the post-Lisbon framework for EU criminal policy. While the Treaties introduced QMV and co-decision, they also restricted competences to certain procedural and substantive aspects under the principle of conferral. Nilsson warns against legislative lethargy under the “Festina Lente” approach and calls …

Published 6 years, 7 months ago
Article
Liability for Corruption in Poland in Light of the Commission Proposal for a New Directive on Corruption

This article refers to the Polish anti-corruption law and the new European Commission proposal for a Directive on combating corruption. It aims at analysing the Polish provisions currently in force in light of the Commission proposal. Against the background of the anticipated new EU legal …

Published 2 years, 3 months ago
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
Mutual Recognition of Extradition Decisions

Mutual recognition of judicial decisions and mutual trust are considered one of the cornerstones of the EU’s Area of Freedom, Security and Justice. In recent years, the ECJ has rendered numerous decisions dealing with the scope of these principles and further elaborating the idea that …

Published 9 months ago
Article
The Amendment of the PIF Directive by the New Proposal for a Directive on Combating Corruption

This article outlines the targeted amendment of the PIF Directive proposed in the Commission’s legislative initiative for a Directive on Combating Corruption, which was tabled in May 2023. The targeted amendment seeks to align the PIF Directive with the standards set out in said anti-corruption …

Published 2 years, 4 months ago
Article
Criminal Law in European Countries

This article examines how Council of Europe (CoE) member states address the manipulation of sports results, notably match-fixing, through their criminal law systems and what role future international instruments should play. Building on CoE Recommendation CM/Rec(2011)10 on the promotion of integrity in sport, it maps …

Published 5 months, 2 weeks ago
Article
The Fight against Money Laundering in the EU

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 …

Published 7 years, 5 months ago
Article
EU’s Criminal Policy and the Possible Contents of a New Multi-Annual Programme
The steps forward of the European Communities or of the European Union have always been quite associated with the names of the cities where the crucial decisions − very often long prepared in advance in Brussels, Strasbourg or elsewhere − were presumed having been finally taken: Rome, Maastricht, Amsterdam, Nice, Lisbon… The same is true of the turning points in the field of Justice and Home Affairs after the entry into force, in November 1993, of the Treaty establishing the European Union (the Maastricht Treaty). Immediately after the entry into force of the Amsterdam Treaty, on 1st of May 1999,…
Published 6 years, 7 months ago
Article
The European Union and the UN Convention against Corruption

This article examines the European Union’s role and obligations under the United Nations Convention against Corruption (UNCAC), to which the EU acceded in 2008 as the only regional economic integration organisation. It first outlines the scope and structure of UNCAC and its implementation architecture, including …

Published 5 months, 2 weeks ago