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The protection of fundamental rights and procedural guarantees in administrative investigations conducted by the European Anti-Fraud Office (OLAF) has constantly evolved since its creation in 1999.

First, the catalogue of procedural rights and guarantees embedded in the successive regulations governing the conduct of OLAF’s …

This article features the summary of the EU-funded ParTFin project. The full report can be downloaded below and separately cited by using a unique DOI number (10.30709/eucrim-2023-031). The project aimed at providing guidance for policymakers, competent authorities, and obliged entities on how to ensure that …

Although the significance of electronic evidence for criminal investigations of any type of criminal offence has been steadily growing for years, respective legal frameworks in all EU Member States are only fragmented – if they exist at all. There is an urgent need for comprehensive …

When the Stockholm agenda was being negotiated in 2009, the negotiators faced the uncertainty that the Lisbon Treaty would never survive its initial failure of 2007 and thereby risked the same fate as the doomed Constitutional Treaty of 2005. Such a scenario would have ended the fast track to further EU integration in criminal law as a better route to pursue than the alternative, namely the Court’s case law. Five years after the successful entry into force of the Lisbon Treaty and the Stockholm Programme, and with all the legal possibilities in place to move forward with this EU project,…

I. Introductory Remarks Since its establishment in 1999, the European Anti-Fraud Office (OLAF) has had the purpose of increasing the effectiveness of the fight against fraud and other illegal activities detrimental to the financial interests of the Union.1 It also has the double task of carrying out administrative investigations concerning fraud, corruption, and any other illegal activity affecting the EU’s financial interests and of acting as Commission service responsible for developing EU anti‑fraud policies. In its investigative function, OLAF has been operating under a legal framework that has evolved over time. OLAF conducts external investigations into areas of EU expenditure...

The 1995 Convention on the Protection of the Financial Interests of the European Communities (hereafter “PIF Convention”) already acknowledged “that businesses play an important role in the areas financed by the European Communities and that those with decision-making powers in business should not escape criminal responsibility in appropriate circumstances.”1 The PIF Convention, therefore, stipulated in Art. 3 a provision on the criminal liability of heads of business.2 Later, the Second Protocol to the PIF Convention extended criminal liability to legal persons.3 From then on, in the EU’s criminal policy, individual criminal liability of senior corporate officials for severe failures of...

This article discusses the recent developments in the case laws of the European Courts on the principle of ne bis in idem at the interface between criminal and administrative law, in particular with regard to the legitimacy of double-track enforcement systems. It is argued that …

The Lisbon Treaties sought to address several of the criminal policy shortcomings that I have mentioned in the editorial of this number of eucrim. Whether they have been adequately addressed is still too early to assess, but some of the experiences show that we are on the right track. In particular, the use of QMV (Qualified Majority Voting) and co-decision under the ordinary legislative procedure have permitted less tortuous compromises to be made. It should also be said that the Lisbon Treaties also brought some new challenges to the development of criminal policy in the European Union. Contrary to what…

This article refers to the Polish anti-corruption law and the new European Commission proposal for a Directive on combating corruption. It aims at analysing the Polish provisions currently in force in light of the Commission proposal. Against the background of the anticipated new EU legal …

The Evolving Nature of Financial Regulation Until the early 1970s, the various national systems of banking regulation had largely monetary objectives. Controls on commercial banking activity (including administratively set interest rates, quantitative limits on credit expansion, and reserve requirements) were imposed for the purpose of preventing the over- or under-expansion of the money and bank credit supply. In addition, in many countries, including the UK and France, the state sought to direct the flow of available credit towards certain economic areas and activities, and away from others. Another policy concern related to the conditions of competition within the banking industry;…