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Article
Limits to European Harmonisation of Criminal Law

The harmonisation of criminal law and criminal procedure in the EU is subject to specific conditions, which differ from those generally applicable to the approximation of laws in the Union. Specific limits may result from the rules of competence set out in Art. 82 et …

Published 6 years, 1 month ago
Article
OLAF – 20 Years of Protecting the Financial Interests of the EU

In 2019, the European Anti-Fraud Office (OLAF) celebrated 20 years of existence. From today’s perspective, the Office could be qualified as one of the most recognisable Directorates-General of the European Commission. This is due to its unique powers, experience and the results achieved over the …

Published 6 years, 3 months ago
Article
10 Years after Lisbon – How “Lisbonised” is the Substantive Criminal Law in the EU?

10 years ago, on 1 December 2009, the Treaty of Lisbon entered into force and brought judicial cooperation in criminal matters from the sphere of intergovernmental cooperation fully into the fold of EU law and policies. Almost all former framework decisions in the field of …

Published 6 years, 3 months ago
Article
Extradition and the European Arrest Warrant in the Netherlands
I. Introduction About ten years ago, the Netherlands changed its extradition procedure governing the relationship with other EU Member States. Since 11 May 2004, extradition with other EU Member States is regulated under the Surrender of Persons Act (Overleveringswet).1 Since that date, requests for extradition by other EU Member States that have implemented the Framework Decision on the European Arrest Warrant2 fall under a specific structure that is different from the classic structure laid down in the Dutch Extradition Act (Uitleveringswet).3 Under this classic structure, a request for extradition is dealt with by the Dutch Minister of Safety and Justice.…
Published 6 years, 7 months ago
Article
The New Market Abuse Directive
I. Directive 57/2014 and Regulation 596/2014: The New Legal Framework Against Market Abuse in the European Union Traditionally, the protection of market integrity and of investors’ confidence has been mainly guaranteed through extra-penal measures, such as the infliction of administrative sanctions by independent regulators or the right for investors to raise civil lawsuits against intermediaries. In recent years, the strategic role assumed by financial markets in modern economic life, the frequent crises that originated from this system as well as their catastrophic effects on global economies have led to an increase in the use of criminal law. Criminal law is…
Published 6 years, 7 months ago
Article
Compliance with the Rule of Law in the EU and the Protection of the Union’s Budget

Strengthening the rule of law – and in particular judicial independence – has been on the EU agenda for several years and it is still a high priority. The situation in Poland and Hungary has confirmed that the measures provided in the Treaties are not …

Published 6 years, 8 months 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
La confiance mutuelle sous pression dans le cadre du transfert de personnes condamnées au sein de l’Union Européenne

This article discusses the limits on mutual trust in the context of transfer of sentenced persons following the CJEU’s Aranyosi and Căldăraru judgment. It summarizes the main findings of a recent legal and empirical analysis of mutual recognition cases conducted in five EU Member States: …

Published 7 years, 6 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
Article
The French “War on Terror” in the post-Charlie Hebdo Era

The article analyses France’s counterterrorism policy in the wake of the January 2015 Charlie Hebdo attack. It traces the evolution of French counterterrorism law since 1986, highlighting shifts after major attacks, and examines post-Charlie measures including expanded intelligence powers, new databases, reinforced offences on glorification …

Published 9 months, 1 week ago