Criminal Law and Criminal Jurisdiction of the European Union

2019 ◽  
Author(s):  
Matvey Tatarinov
Keyword(s):  
European Union ◽  
Criminal Law ◽  
The European Union ◽  
Criminal Jurisdiction

scholarly journals TOWARDS MINIMUM PROCEDURAL GUARANTEES FOR THE DEFENCE IN CRIMINAL PROCEEDINGS IN THE EU

2011 ◽  
Vol 60 (4) ◽  
pp. 1017-1038 ◽  
Author(s):  
Laurens van Puyenbroeck ◽  
Gert Vermeulen
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Criminal Policy ◽  
Fundamental Rights ◽  
The European Union ◽  
Criminal Proceedings ◽  
Judicial Cooperation ◽  
Democratic Rule ◽  
Constitutional System ◽  
The Eu

A critical observer would not deny that the practice of European Union (‘EU’) policy making in the field of criminal law in the past decade since the implementation of the Tampere Programme has been mainly repressive and prosecution-oriented.1 The idea of introducing a set of common (minimum) rules, guaranteeing the rights of defence at a EU-wide level, has not been accorded the same attention as the introduction of instruments aimed at improving the effectiveness of crime-fighting. What does this mean for the future of EU criminal policy? Will the EU succeed in the coming years in developing an area where freedom, security and justice are truly balanced? According to several authors, to date the EU has evolved in the opposite direction. As one observer put it:[I]f Procedural Criminal Law arises from the application of Constitutional Law, or indeed if it may be described as “a seismograph of the constitutional system of a State”, then as a consequence the Procedural Criminal Law of the European Union shows the extent of the Democratic Rule of Law, of the existence of a true “Rechtsstaat”, within an integrated Europe. This situation may be qualified as lamentable, as the main plank of the EU's criminal justice policy relates to the simplification and the speeding up of police and judicial cooperation—articles 30 and 31 of the Treaty of the EU—but without at the same time setting an acceptable standard for fundamental rights throughout a united Europe.2

Transpunerea Directivei PIF și evaziunea fiscală la TVA

2020 ◽  
Vol 2020 (2020) ◽  
pp. 9-24
Author(s):  
Ioana Maria COSTEA ◽  
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Tax Evasion ◽  
Analytical Approach ◽  
Comparative Method ◽  
Value Added ◽  
Time Limit ◽  
The European Union ◽  
Financial Interests ◽  
Blind Spots

Our study proposes a two-step analysis of the concept of VAT fraud, a time limit represented by the adoption of Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law. Through our analytical approach, which uses the comparative method meticulously under the auspices of the limited interpretation imposed by criminal law, specific hypotheses are revealed regarding the forms of tax evasion in the European Union framework for the operation of value added tax. Equally, the study seeks to identify the blind spots of national law and the directions for refining tax evasion legislation.

scholarly journals Criminal law protection of competition in the European Union, Germany, Great Britain and France

2020 ◽  
pp. 21-35
Author(s):  
Anna Danilovskaia
Keyword(s):  
European Union ◽  
Great Britain ◽  
Criminal Law ◽  
Criminal Liability ◽  
Educational Activity ◽  
The European Union ◽  
World Community ◽  
Fair Competition ◽  
Area Of Protection ◽  
Leniency Policy

The object of this research is competition policy and criminal law policy with regards to protection of competition in Europe that are similar to the Russian approach of countering infringement on fair competition. Legislation on competition is dynamically developing in all countries, which causes corresponding changes in their criminal law policy. For improving the effectiveness of cartel detection, many countries endorsed leniency policy for cartels, as well as make amendments to their laws due to proliferation of unfair competition, particularly on the Internet, as well irregularities in tendering. The analysis of modern sources of competition and criminal law of Germany, Great Britain and France, as the first European countries that developed the rules aimed at protection of competition, can be valuable for understanding the concept of protection of competition adopted by the world community, as well as its European model. The consists in broadening the existing knowledge on criminal law protection of competition in Europe, acquired as a result of comprehensive research of the legislations of the European Union, Germany, Great Britain and France in the area of protection of fair competition with consideration of recent amendments, including leniency policy for cartels. The author concludes that Europe has a developed criminal law mechanism for counteracting anticompetitive behavior, which is characterized by a range of prohibited acts, application of versatile criminal law measures to the persons guilty of such infringements, differentiated approach to the questions of their criminal liability, and substantial main and additional sanctions applicable to not only physical entities, but also legal entities in some countries. The obtained results can be useful in lawmaking, scientific and educational activity.

scholarly journals The problematic scope of extended confiscation in comparative perspective

2019 ◽  
Vol 52 ◽  
pp. 119-133
Author(s):  
Ariadna H. Ochnio
Keyword(s):  
European Union ◽  
The Netherlands ◽  
Criminal Law ◽  
European Parliament ◽  
Comparative Perspective ◽  
Eu Law ◽  
The European Union ◽  
England And Wales ◽  
Normative Framework ◽  
Proceeds Of Crime

The scope of extended confiscation is determined, inter alia, by the choice of triggering offences in Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union. The question arises whether EU law guarantees appropriate limits of extended confiscation considering its specificity and the growing range of application in national legal orders. The study compared the normative framework of extended confiscation adopted in the criminal law of Poland, Romania, Germany, Austria, France, Spain, Finland, the Netherlands, and England and Wales. The list of offences, relevant for the scope of extended confiscation, is to be assessed by the Commission by 4 October 2019. The conclusions of the study concern the need to introduce, at the level of EU law, adequate safeguards against the disproportionate application of extended confiscation.

Conflicts of jurisdiction in criminal law Lessons from European Civil Procedure

2018 ◽  
Author(s):  
Pietro Ortolani
Keyword(s):  
European Union ◽  
International Law ◽  
Criminal Law ◽  
Civil Procedure ◽  
Private International Law ◽  
The European Union ◽  
Cross Border ◽  
Procedural Law ◽  
Hard Law ◽  
Conflicts Of Jurisdiction

One of the main purposes of private international law is the resolution of conflicts of jurisdiction in civil matters. In the European Union (EU), this goal is pursued by an articulate body of regulations, forming part of what is usually labelled as ‘European procedural law’ or ‘European civil procedure’. In criminal law, by contrast, no such system exists: although Eurojust aims at resolving conflicts of jurisdiction by facilitating the identification of the jurisdiction that should prosecute cross-​border crimes, no hard-​law instrument regulates this matter in a binding fashion.

11. Financial crime

2019 ◽  
pp. 420-451
Author(s):  
Jeremy Horder
Keyword(s):  
European Union ◽  
Money Laundering ◽  
Criminal Law ◽  
Financial Crime ◽  
The European Union ◽  
Home Office ◽  
Corporate Activity ◽  
The Uk ◽  
The Impact ◽  
The Eu

This chapter examines three major examples of financial crime: fraud, bribery, and money laundering. The importance of financial crime, and of vigorous prosecution policies in relation to it, should not be underestimated. Fraud accounts for no less than one third of all crimes captured by the Crime Survey for England and Wales. The European Union Parliament has estimated that corruption costs the EU between €179 and €990 billion each year. Finally, the Home Office estimates that the impact of money laundering on the UK economy is likely to exceed £90 billion. An understanding of these crimes, and in particular the way that they reflect corporate activity, is nowadays essential to the study of criminal law.

2. English legal system—an overview

2018 ◽  
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
European Convention ◽  
The European Union ◽  
Parliamentary Sovereignty ◽  
Legal Concepts ◽  
The Relationship

This chapter provides an overview of the English legal system, introducing fundamental legal concepts, such as the nature of law and parliamentary sovereignty, and the differences between criminal law and civil law legal terminology, such as terminology and the outcomes. The sources of law, legislation in the form of Acts of Parliament or statutes and delegated legislation and common law or judge-made law are outlined. An outline of the courts is given, including the judges and the jurisdiction of the courts. The relationship between the English legal system and the European Union (EU) and the European Convention on Human Rights (ECHR) is explained.

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