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ECJ: No Obligation for Mutual Recognition of Decision Taken in Favour of a Person Requested for Extradition to a Third Country
On 19 June 2025, the ECJ ruled that an authority of an EU Member State is not obliged to mutually recognise a decision taken in another EU Member State that refused extradition of an individual to a third state. However, it must take due account of the reasons of this previous decision in its own assessment of a possible refusal on the ground of fundamental rights.
Published 11 months ago
Article
OLAF Investigations Outside the European Union

The European Anti-Fraud Office (OLAF) is an independent body that fights against illegal activities affecting the Union’s financial interests. It carries out investigations of an administrative nature, both within the European Union and beyond its borders.
This article outlines the legal framework within which OLAF …

Published 6 years, 5 months ago
Article
Confiscation by Equivalent in Italian Legislation
I. Introduction The extent of the phenomenon of tax evasion in Italy is now at such a level that,1 unfortunately, the legislative tools for control and repression, which are limited to administrative sanctions, are inadequate to effectively contain or to tackle such a massive subtraction of resources. Tax evasion affects direct national taxation, VAT, and, consequently, the European Union budget. Thirteen years after its adoption,2 the “new discipline of crimes relating to income and valued added taxes,” having at the time replaced the previous legal provisions constituted by Law No. 516 of 1982, is showing signs of age. Renewed on…
Published 6 years, 7 months ago
Article
Le Principe de Légalité aux Termes de l’Article 7 de la Convention Européenne des Droits de l’Homme

The decision by the European Court of Human Rights in Soros v. France centered on questions regarding the principle of legality in article 7 ECHR. More precisely, the interpretation of “insider trading” was challenged and whether or not it was possible to appraise whether the …

Published 6 years, 7 months ago
Article
Why a Human Court?

For centuries, “doing justice” has been a fundamentally anthropocentric effort: Humankind has been placed at the centre of emerging paradigms and systems such as (quite self-evidently) human rights, constitutionalism, and – gradually – also international law. In addition to focusing adjudication on individuals and their …

Published 2 years, 11 months ago
Article
OLAF Investigations in a Multi-Level System
I. Introduction The protection of the EU budget is a shared responsibility between the EU – namely the Commission – and the Member States.1 In principle, the national (administrative or judicial) authorities conduct investigations and sanction those violations of EU law that are detrimental to EU financial interests, both when they concern expenditure (e.g., structural funds) and revenue (e.g., customs duties). The readers of eucrim are certainly familiar with the developments in EU law that have taken place since the 1970s, which have entailed increasing EU intervention on the punitive aspects of the enforcement of EU policies. Such intervention mainly…
Published 7 years ago
Article
Administrative and Criminal Sanctions in Polish Law

This article analyses the complex relationship between administrative and criminal sanctions in Polish law, focusing on tax and social security cases and the constitutional ne bis in idem principle. It centres on the 2011 judgment of the Polish Constitutional Tribunal (P 90/08), which held that …

Published 5 months, 2 weeks ago
Article
A Plea for Common Standards on the Lawyer-Client Privilege in EU Cross-Border Criminal Proceedings in Light of Advancing Digitalisation

While the right to lawyer-client confidentiality has long been recognised as a fundamental right enshrined in the right to legal assistance and the right of defence, its practical implementation does not seem to provide adequate safeguards. Many EU Member States still lack clear rules on …

Published 1 year, 7 months ago
Article
Legal Nature of European Union Agricultural Penalties

The article analyses the ECJ’s judgment in Bonda (C-489/10), which addressed whether exclusions and reductions of agricultural aid under EU law constitute criminal penalties. The Court confirmed that such measures are specific administrative instruments linked to participation in aid schemes and aimed at protecting the …

Published 6 years, 7 months ago
Article
Protecting EU Taxpayer Money together with Global Partners

The European Anti-Fraud Office (OLAF) was created 25 years ago, in 1999, to fight fraud, corruption, and any other illegal activities affecting the EU budget. While there are several anti-fraud actors at EU level, OLAF is unique with regard to its international activities. In particular, …

Published 1 year, 2 months ago