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Article
The “Europeanization” of Financial Supervision in the Aftermath of the Crisis
In the aftermath of the economic crisis, that began in 2007 in the U.S.A. and spread to the European economy, weakening the EU, every discussion about its causes and how to address them was linked to the absence of a suitable supervisory1 framework. The EU has been accused of lacking sufficient legal tools both at a precautionary level as well as for crisis management.2 Even though the internal market of financial services had been making progress, up until 2007 there were no truly centralized3 mechanisms and tools to supervise financial activities, identify their complexity, their risks and the interconnections between…
Published 6 years, 9 months ago
Article
The Directive on Procedural Safeguards for Children who Are Suspects or Accused Persons in Criminal Proceedings

The article explains the genesis and content of Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused in criminal proceedings, the fifth measure of the Roadmap on procedural rights. Cras outlines the legislative negotiations and comments on selected provisions: scope and …

Published 7 years, 5 months ago
Article
OLAF at the Gates of Criminal Law

The article analyses OLAF’s future role in light of the establishment of the EPPO under Regulation 2017/1939. Although OLAF remains focused on administrative investigations, its mandate will increasingly intertwine with EPPO criminal proceedings under a “complementarity model.” Klement highlights key challenges: avoiding duplication of work, …

Published 7 years, 10 months ago
Article
Is the EU Ready for Automatic Mutual Recognition … in the Fight Against Crime?

The article examines the prospects for automatic mutual recognition of judicial decisions in EU criminal matters, focusing on freezing and confiscation orders. It outlines the legal basis for mutual recognition under the Lisbon Treaty, contrasts it with harmonisation, and reviews existing instruments and their shortcomings. …

Published 9 months, 1 week ago
Article
Gathering Electronic Evidence for Administrative Investigations

The intense debate over the past few years on access to data for criminal investigations has led to the adoption of the E-evidence package. Yet, electronic evidence is no less crucial for punitive administrative proceedings. One administrative investigation authority that could benefit from more extensive …

Published 2 years, 6 months ago
Article
Efficiency contra legem?

The first preliminary ruling request concerning the EPPO Regulation raises several interesting questions regarding the interpretation of its Art. 31 on cross-border investigations. Advocate General Ćapeta presented her Opinion and proposals to the Court of Justice of the European Union on 22 June 2023. Her …

Published 2 years, 9 months ago
Article
Criminal and Administrative Procedures in Protecting the Financial Interests of the EU

This article argues that, with the establishment of the EPPO, the European Union intended to pursue, through the integration of procedural powers vested within the EPPO and OLAF, the creation of an “end-to-end” prosecution cycle that is able to seek both criminal penalties and administrative/financial …

Published 3 years, 3 months ago
Article
Cooperation between the European Commission and the European Public Prosecutor’s Office

The European Commission and the European Public Prosecutor’s Office (EPPO) have a joint interest in effectively fighting, and mitigating the effects of, crimes against the EU’s financial interests. In 2021, they concluded an agreement to translate this mutual interest into concrete cooperation measures. Their cooperation …

Published 3 years, 7 months ago
Article
Adjusting to COVID-19 under the English Criminal Justice System

From early 2020, the four nations of the United Kingdom (England, Wales, Scotland and Northern Ireland) enacted (at the time of writing) some 920 pieces of legislation in which the word “coronavirus” appears in the title. Nearly all of it is secondary legislation and much …

Published 4 years, 10 months ago
Article
The Evolving Structure of Online Criminality
Increasing dependency of the society on the information technologies raises concerns over vulnerabilities in cyberspace and the “dark side” of the information networks. The growth of digital operations in legitimate markets is one of the vital factors for the economic development. However, as markets and trading themselves have always attracted criminals seeking benefits from illegal activities, digital networks become a key enabler for the growth of cybercrime, both with regard to committing traditional crimes in the Internet and to developing new types of computer misuse. Cybercrime has been evolving in line with how society uses digital networks, reacting to every…
Published 6 years, 7 months ago