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On 11 April 2024, the EU adopted a new environmental crime directive to replace Directive 2008/99 of 19 November 2008. This article discusses why a new Directive in the area of environmental crime had become necessary. It particularly argues that the introduction of an autonomous …

The anti-corruption package presented by the European Commission in May 2023 reaffirms the priority given to combating corruption crimes in the EU. In response to the current disharmony and fragmentation of national legal systems, the proposal for a new EU Directive on combating corruption calls …

I. Protecting the EU’s Financial Interests: A Shared Responsibility in a Complex Enforcement Environment The protection of the EU’s financial interests (PIF) implies a shared responsibility on the part of both the Union and the Member States. In this respect, Art. 325 para. 1 TFEU recalls the multiple levels of cooperation required to counter and combat fraud and other illegal activities affecting the financial interests of the Union. We can identify at least three levels or dimensions of cooperation in the PIF domain: The horizontal cooperation between the EU actors holding specific PIF responsibilities; The horizontal cooperation between the competent...

Dear Readers, The front page of the eucrim issues published from 2006 to 2009 included the byline: “Successor to Agon”. Indeed, to express the fight against fraud, the term “agon” (an ancient Greek term for “fight”) had been chosen as the title of the original bulletin launched in April 1993 for the Associations of lawyers for the protection of the financial interests of – at that time – the European Community. The Associations were created following a landmark seminar in Brussels in 1989 that demonstrated the need for structures at the national level to bring together practitioners and academics and…

The situation concerning corruption in Ukraine before the Russian invasion was not particularly encouraging: there were no significant improvements on the ground; independent, newly established, specialised anti-corruption bodies were being hindered from doing their job in every possible way. As in almost all countries participating …

I. Introduction Directive 2014/41/EU regarding the European Investigation Order in criminal matters1 was approved in April 2014 and regulates a new instrument for the obtaining of evidence. The main features of the European Investigation Order (hereinafter EIO) are: It covers all types of evidence; It contains time limits for the enforcement of mutual legal assistance requests; It limits the grounds for refusal; It can be used either to carry out investigatory measures in the executing state or to obtain evidence that is already in the state’s possession.2 The obtaining of evidence in criminal proceedings is a highly sensitive matter from...

Twenty years have passed since the EU heads of state and government came together in Tampere and agreed that the principle of mutual recognition should become the cornerstone of judicial cooperation in criminal matters between the EU Member States. This was followed by the adoption …

The principle of ne bis in idem as an individual right is textually guaranteed in Art. 50 CFR / Art. 54 CISA, on the one hand, and in Art. 4 Prot. No. 7 ECHR, on the other. The CJEU and the ECtHR have delineated many …

I. Introductory Remarks: OLAF and the Setting of the EPPO There were certain periods in the past that brought expectations of change in the legal position and powers of OLAF (hereinafter also referred to as “the Office”) together with the entire layout of the system of protection of the Union’s financial interests. Since establishment of the Office, the expected changes seemed to be inextricably linked with the destiny of the European Public Prosecutor’s Office (the “EPPO”). The first proposals concerning the project of the European Prosecutor1 were later rejected, however, and had no effect on functioning of OLAF. Discussions affecting...