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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, 6 months ago
Article
Disciplinary Sanctions against Judges: Punitive but not Criminal for the Strasbourg Court

The European Court of Human Rights (ECtHR) sought to extend the guarantees for criminal procedure enshrined in Art. 6 of the European Convention on Human Rights (ECHR) to administrative offences which are criminal in nature when it established the Engel criteria. It aimed to prevent …

Published 3 years, 3 months ago
Article
A Critical Evaluation of the New EU Environmental Crime Directive 2024/1203

After just over two years of negotiations, the EU Environmental Crime Directive 2024/1203 was finally published in April 2024. The Directive considerably improves on the text of the previous EU Environmental Crime Directive of 2008, which was introduced in the aftermath of the ECJ rulings …

Published 1 year, 6 months ago
Article
The European Commission’s Proposal for Strengthening Whistleblower Protection

Recent scandals, such as Dieselgate, Luxleaks, the Panama Papers, and Cambridge Analytica, came to light thanks to whistleblowers who “raised the alarm” over unlawful activities in the organisation for which they worked. From their position as "insiders," whistleblowers can provide enforcement authorities with key information …

Published 7 years, 4 months ago
Article
Beyond Freezing?

Since 2014 persons allegedly involved in or supporting the undermining or threatening of the territorial integrity, sovereignty and independence of Ukraine are subject to freezing measures against their property and other financial resources within the European Union. As part of several comprehensive political and economic …

Published 3 years, 9 months ago
Article
Non-Conviction-Based Confiscation (NCBC) – A Reform Option for German Asset Recovery Law

Cross-border, asset-related crime exploits a persistent enforcement gap in Germany’s confiscation regime. Existing tools — conviction-based forfeiture under §§ 73 ff. German Criminal Code (StGB) and the narrowly framed conviction-independent procedure of § 76a StGB — fail whenever offenders abscond, die, or hide behind complex …

Published 10 months ago
Article
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
Why a Human Court?

For centuries, “doing justice” has been a fundamentally anthropocentric effort: Humankind has been placed at the centre of emerging paradigms and systems such as (quite self-evidently) human rights, constitutionalism, and – gradually – also international law. In addition to focusing adjudication on individuals and their …

Published 2 years, 11 months ago
Article
Critical Issues in the New EU Regulation on Electronic Evidence in Criminal Proceedings

The new EU Regulation on electronic evidence in criminal proceedings not only aims to enhance cross-border access to electronic evidence but also raises concerns regarding privacy, fundamental rights, and accountability. This article focuses on three key issues.
First, it is argued that the establishment of …

Published 2 years, 7 months ago
Article
The Impact of the European Commission’s Rule of Law Report in Monitoring the Prevention and Fight against Corruption

This article discusses the European Commission’s role in preventing and fighting corruption by means of its annual Rule of Law Report. The authors present the anti-corruption pillar of the Report, in which the EU Member States’ frameworks in preventing and fighting corruption are regularly assessed, …

Published 2 years, 1 month ago