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Article
The European Anti-Fraud Office and the European Public Prosecutor’s Office : A Work in Progress

The European Anti-Fraud Office (OLAF) and the European Public Prosecutor’s Office (EPPO) are the two investigative bodies at the EU level that together will effectively detect, investigate, and protect the EU’s financial interests by combining the strengths of an administrative investigation with those of a …

Published 4 years, 6 months ago
Article
Reporting of Crime Mechanisms and the Interaction Between the EPPO and OLAF as Key Future Challenges

The EPPO and OLAF shall not only co-exist, but also take advantage of their capacities, professional knowledge and the new legal options in order to become a powerful tool for combating fraud.

Published 5 years ago
Article
The Initiative for a Directive on the Protection of the EU Financial Interests by Substantive Criminal Law

The article presents the substantive criminal-law initiative against EU-fraud, which was adopted by the Commission on 11 July 2012. After giving an overview of the status quo of criminal law protection and its challenges, the author analysis in detail the Commission proposal for the so-called …

Published 5 years, 9 months ago
Article
The Cost(s) of Non-Europe in the Area of Freedom, Security and Justice
I. Introduction After many years of reflection and preparation, negotiations on the European Commission’s proposal for a Regulation on the establishment of the European Public Prosecutor’s Office (hereinafter EPPO)1 commenced three years ago.2 The proposal is well known to readers of the eucrim journal. During the course of negotiations in the Council of the European Union, the proposal has evolved substantially and in a number of ways, now envisaging a collegiate structure, shared competences between the EPPO and national authorities, and wide autonomy on the part of the European Delegated Prosecutors handling the cases, accompanied by supervisory powers vested in…
Published 5 years, 10 months ago
Article
Measuring the Added Value of EU Criminal Law

As part of its efforts to ensure better law-making at the EU level, together with the other EU institutions, the European Parliament is paying increasing attention to the added value of European action (“European added value”) as well as the costs of not taking action …

Published 5 years, 10 months ago
Article
Implementation of the Legal Aid Directive in Spain

The vast differences among the national standards for granting legal aid pushed the European Commission to propose common minimum rules in order to harmonize this right. This initiative was intended to ensure the effectiveness of the right of access to a lawyer, because the right …

Published 5 years, 10 months ago
Article
The Proposal on Electronic Evidence in the European Union

This article examines the origin, foundations and main features of the proposal of the European Union to facilitate cross-border access to electronic evidence, which was presented by the European Commission in April 2018. The creation of advanced solutions for the transnational gathering of electronic evidence …

Published 5 years, 10 months ago
Article
Twenty Years since Tampere

Twenty years having passed since the Conclusions of the European Council in Tampere, which proposed the principle of mutual recognition as the “cornerstone” of judicial cooperation within the Union, the author takes the opportunity to reflect on the main achievements in this sector before and …

Published 6 years, 3 months ago
Article
Addressing Organised Crime in Fraud Cases – Developing a More Efficient Legal Framework
The European Union has adopted and developed a comprehensive framework to combat offences affecting its financial interests over the years. It established a specific investigative service, the European Anti-Fraud Office (OLAF) in 1999, which is competent to conduct administrative investigations when there is suspicion of fraud or any illegal activity affecting the budget of the Union.1 OLAF can fully independently conduct internal investigations (i.e., inside any European institution or body funded by the EU budget) and external investigations (i.e., at the national level if the EU’s financial interests are affected); to this end, it cooperates closely with competent national authorities…
Published 6 years, 7 months ago
Article
All Roads Lead to Rome: The New AFSJ Package and the Trajectory to Europe 2020

The article reflects on the trajectory of EU criminal law and the Area of Freedom, Security and Justice (AFSJ) after the Lisbon Treaty and the Stockholm Programme, in view of the upcoming “Rome Programme” (2015–2020). Herlin-Karnell identifies eight key points for the future: strengthening the …

Published 6 years, 7 months ago