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Article
The Anti-Money-Laundering Directive and the ECJ’s Jurisdiction on Data Retention

Early in its development, the EU’s anti-money laundering (AML) scheme was already criticized for its interference with the fundamental rights to privacy. Quite recently, some scholars have highlighted that customer due diligence obligations constitute a massive retention of financial data. Consequently, they have tried to …

Published 4 years ago
Article
Are EU Administrative Penalties Reshaping the Estonian System of Sanctions?

EU legislation on administrative penalties has prompted an intense discussion in Estonia on whether to resurrect a measure from the past, namely administrative penalties. These penalties were abolished in Estonia in 2002, with all minor offences since then being classified as misdemeanours. Proponents of the …

Published 5 years, 10 months ago
Article
The Role of an AFCOS in a New Anti-fraud Architecture

It goes without saying that the European Anti-Fraud Office (OLAF) and the European Public Prosecutor’s Office (EPPO) form the heart of the protection of the EU’s financial interests. However, the national authorities of the EU Member States are in the frontline when it comes to …

Published 1 year, 1 month ago
Article
Guest Editorial eucrim 3/2018

Many recent scandals, such as Dieselgate, Luxleaks, the Panama Papers, and Cambridge Analytica, might never have come to light if “insiders” had not had the courage to speak up about wrongdoing occurring in their workplaces. These are only a few examples of how whistleblowers help …

Published 7 years, 4 months ago
Article
The New Frontier of PFI Investigations

The piece explains how Regulation (EU) 2017/1939 creates the EPPO—the EU’s first true criminal investigation and prosecution office—focused on crimes affecting the Union’s financial interests (PFI) as defined in the PFI Directive (EU) 2017/1371. Set up via enhanced cooperation (20 participating states), the EPPO has …

Published 7 years, 10 months ago
Article
Recovery of Proceeds from Crime – Time to Upgrade the Existing European Standards?

Asset recovery has been at the forefront of recent international initiatives in the areas of criminal law and judicial cooperation in criminal matters. In this spirit, the Conference of the Parties to the Warsaw Convention on money laundering and the financing of terrorism aims to …

Published 2 years, 2 months ago
Article
Guest editorial eucrim 4-2022
Dear Readers, This eucrim issue focuses on the link between administrative and criminal law, which is becoming conspicuously manifest in environmental law. An in-depth evaluation of Directive 2008/99/EC on the protection of the environment through criminal law revealed that it has had no noticeable impact on Member State practice in the enforcement of EU environmental law. On 15 December 2021, the European Commission responded by adopting a proposal for a new directive of the European Parliament and of the Council on the protection of the environment through criminal law, intended to replace said Directive 2008/99/EC (COM(2021) 851 final). The improvements…
Published 3 years, 3 months ago
Article
Guest editorial eucrim 2-2023
Dear Readers, On 12 July 2023, after more than five years of, in part, very fraught negotiations, the European Parliament and the Council signed the so-called “e-evidence package”. This marked the turning point in the cooperation between law enforcement authorities and service providers. Criminal offences prepared and carried out exclusively offline are a thing of the past, which is why electronic evidence is becoming increasingly important for law enforcement authorities. However, e-evidence is frequently stored in another State and, until now, cross-border access to such evidence was often very burdensome, often resulting in possibly already getting lost and causing investigations…
Published 2 years, 7 months ago
Article
The EPPO Implementation: A Perspective from Spain

Spain has been especially supportive of the creation of the EPPO after its mention in the Treaty of Lisbon − and even before that. Notwithstanding, Spain negotiated the implementation of the EPPO knowing that this would necessitate – partly fundamental − structural changes of its …

Published 7 years, 6 months ago
Article
The European Public Prosecutor’s Office and Environmental Crime

This article envisages the possible extension of the European Public Prosecutor’s Office’s competences in the field of environmental protection. The author first presents an overview of the Office’s competences under the current legislation and, second, analyses suggestions on extending these competences specifically to the field …

Published 1 year, 6 months ago