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Article
Strengthening the Fight against Economic and Financial Crime within the EU

EU legislation in the field of financial and organised crime is affected by different issues. The anti-money laundering (and counter-terrorist financing) legislation is dense, but it still lacks effectiveness. Although the approximation between the Member States still presents some concerns, what seems to be desirable …

Published 5 years, 5 months ago
Article
The EPPO Faces its First Important Test: A Brief Analysis of the Request for a Preliminary Ruling in G. K. and Others

The article analyses the first question referred to the Court of Justice of the European Union for a preliminary ruling in a case concerning the European Public Prosecutor’s Office (EPPO). It involves the interpretation of a key provision regarding the investigations of this new office, …

Published 3 years, 3 months ago
Article
Compensation for Unjustified Detention and the European Arrest Warrant

This article sheds light on the compensation for unjustified detention that occurred while carrying out the European Arrest Warrant. First, the article exposes the reality of the lack of regulation of this matter and the necessity of having a normative reference at the level of …

Published 4 years, 3 months ago
Article
The New Directive on the Violation of Union Restrictive Measures in the Context of the EPPO

This article outlines the new Directive on the violation of Union restrictive measures (EU sanctions), adopted on 24 April 2024. This legislation, initiated by the European Commission in the aftermath of Russia’s war of aggression against Ukraine, above all aims to harmonise across the Member …

Published 1 year, 11 months ago
Article
New Instruments Protecting the 2021-2027 Cohesion Budget against Rule-of-Law Breaches

This article introduces the main legal instruments at the EU level to protect the EU’s financial interests with a special focus on the budget for cohesion measures. It features the Regulation on a general regime of conditionality for the protection of the Union budget (Conditionality …

Published 2 years, 1 month ago
Article
European Implementation Assessment 2004-2020 on the European Arrest Warrant

This article provides a summary of an assessment and conclusions on the implementation of the Framework Decision on the European Arrest Warrant (FD EAW) recently published by the European Parliamentary Research Service. It also contains recommendations on how to address the shortcomings identified. It is …

Published 5 years, 10 months ago
Article
Ending Impunity for the Violation of Sanctions through Criminal Law

This article discusses the two-step approach proposed by the Commission to end impunity for those violating sanctions (“Union restrictive measures”) following Russia’s invasion of Ukraine. The first step concerns a proposal for a Council Decision identifying the violation of Union restrictive measures as an area …

Published 3 years, 10 months ago
Article
Yellow Card Legislation and Infringements of Agricultural Aid Rules

This article examines the administrative penalty system under the European Union’s Common Agricultural Policy (CAP) in cases of over-declarations of agricultural land. It focuses on the “yellow card” legislation that was introduced in 2016 and applicable until 2022, analysing its practical implications. This “yellow card” …

Published 10 months, 1 week ago
Article
European Preservation and Production Orders: A Non-Exclusive Approach to E-Evidence within the EU

The 2023 e-evidence Regulation – the new mutual recognition instrument introducing Preservation and Production Orders to obtain e-evidence from service providers – includes a provision allowing issuing authorities to decide freely whether to use this new instrument or to resort to alternative ones, even if …

Published 8 months, 3 weeks ago
Article
“Error 404 – Match not found”

In EU Member States, tax administrations are the public organs that make most use of artificial intelligence (AI) and machine learning (ML) systems to perform State prerogatives. At least 18 EU Member States frequently use AI tax enforcement systems. In certain areas of taxation, such …

Published 2 years, 11 months ago