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Trade-offs in Auditing the EU Recovery and Resilience Facility – Flexibility vs Compliance

The EU Recovery and Resilience Facility (RRF) is a very particular option for managing resources at EU level. One of its features is the involvement of national audit authorities when it comes to ensuring that financed projects are implemented in a timely and reliable fashion. …

Published 2 years, 2 months ago
Article
Strengthening of International Cooperation in Criminal Matters: Extradition and Mutual Legal Assistance

On 5 May 2021, the Council of Europe’s Committee of Experts on the Operation of European Conventions on Co-operation in Criminal Matters (PC-OC) hosted an online conference under the auspices of the German Presidency of the Council of Europe (CoE). It had the aim of …

Published 4 years, 7 months ago
Article
Civil Asset Recovery: The American Experience

In the United States, federal prosecutors routinely employ asset recovery as a tool of law enforcement. The approach takes two forms. In criminal cases, the prosecutor may seek to recover or “forfeit” property as part of the defendant’s sentence, if the defendant is convicted. Alternatively, …

Published 6 years, 9 months ago
Article
A Decentralised European Public Prosecutor’s Office: Contradiction in Terms – or Highly Workable Solution?
The creation of a European Public Prosecutor’s Office seems now to be in sight, at least from an EU-constitutional point of view. However, there appear to be two major stumbling blocks, which can be summarised as austerity and complexity. Within the climate of financial austerity in the EU, the Zeitgeist provokes considerations of reduction and economy rather than expansion and creation of new EU institutions on a vertical scale. Finding a politically palatable solution will require not only political will (and/or a sudden event precipitating the need for an EPPO) but will also call for creativity in execution. All the…
Published 4 months, 2 weeks ago
Article
Security – A Firm Construct or an Undetermined Concept?

The concept of security within the EU’s legislative and policy framework has evolved significantly over the past few decades, adapting to shifting realities. Building on existing and overarching foundations, notably the EU Security Union Strategy, the European Commission recently presented a trio of initiatives that …

Published 11 months, 1 week ago
Article
The Fight against Agri-Frauds

This article presents the principal results of a comparative study carried out as part of the AFRADE project. Co-funded by the EU Anti-Fraud Programme, it examined fraud in shared-management funds of the common agricultural policy (CAP). The article addresses three main areas: a) the payment …

Published 1 year ago
Article
The Role of an AFCOS in a New Anti-fraud Architecture

It goes without saying that the European Anti-Fraud Office (OLAF) and the European Public Prosecutor’s Office (EPPO) form the heart of the protection of the EU’s financial interests. However, the national authorities of the EU Member States are in the frontline when it comes to …

Published 1 year, 1 month ago
Article
The New Union Anti-Fraud Programme

As part of its current Multiannual Financial Framework (MFF), the European Union (EU) adopted a new Anti-Fraud Programme on 29 April 2021. It merges the support previously offered under the Hercule III Programme with the Anti-Fraud Information System. Both the increased MFF budget and the …

Published 4 years, 6 months ago
Article
Typologies of EU Fraud

Until the European Public Prosecutor’s Office was set up, the competence for investigating and prosecuting criminal offenses against the financial interests of the EU in Romania belonged to the specialized anticorruption prosecution office, the DNA (National Anti-Corruption Directorate). The DNA looks back on 18 years …

Published 4 years, 6 months ago
Article
The Need for and Possible Content of EU Pre-trial Detention Rules

Pre-trial detention (PTD) is an inherently problematic concept. Not only does it conflict with the right to liberty and the presumption of innocence but its use is associated with an extensive range of problems that affect pre-trial detainees, their families, the fair administration of criminal …

Published 5 years, 5 months ago