scholarly journals Prosecuting EU Financial Crimes: The European Public Prosecutor's Office in Comparison to the US Federal Regime

2018 ◽  
Vol 19 (5) ◽  
pp. 1191-1220
Author(s):  
Carlos Gómez-Jara Díez ◽  
Ester Herlin-Karnell

AbstractWhy is the fight against financial crimes such a central task for the EU? The EU has a strong interest to counter financial crimes and fraud against the EU budget as those crimes—so the EU legislator's claim is—hamper the trust in the market and undermine consumer confidence to engage in internal market transactions. In this Article, we aim to discuss the establishment of the European Public Prosecutor Office as a federal agent and the effects of this agent for establishing a robust EU financial crimes regime. Comparisons with the US system of US Attorneys—federal prosecutors—will be drawn to show that this institution has been quite effective at enhancing the protection of US financial market. The Article will then discuss to what extent the EU can, and should, learn from the American experience. We are particularly interested in the strong security focus in the EU and its consequences when it ventures into the area of financial crimes.

Significance Hungary’s financial and economic woes are deepening amid a second wave of COVID-19 infections, which is undermining business and consumer confidence, and threatening to derail the incipient recovery. The deterioration in the growth outlook is putting further pressure on the forint; currency weakness is in turn stoking inflation, posing an acute policy dilemma for the Hungarian National Bank (MNB). Impacts The ECB is under pressure to continue monetary stimulus against deflation in the euro-area which faces a virus-induced double-dip recession. Expectations of an easing in geopolitical tensions if Democrats take both the US presidency and Congress are benefiting most EM currencies. The need to get the EU pandemic recovery fund through the European and member-state parliaments is reducing pressure on Hungary and Poland.


2011 ◽  
Vol 13 ◽  
pp. 23-46
Author(s):  
Geert Corstens

Abstract Having briefly traced the history of EU criminal law, this chapter first examines the new rules governing the competency of the EU in criminal law matters deriving from the Lisbon Treaty. Europol and Eurojust, the EU institutions that have been created with a view to fighting trans-border crime are examined, and the pros and cons of a possible further institution, the European Public Prosecutor are discussed. A final section examines the impact of the EU Charter, and the need to establish in this area an order of precedence between the EU Charter and the European Convention on Human Rights.


2015 ◽  
Vol 16 (5) ◽  
pp. 1247-1270 ◽  
Author(s):  
Irene Wieczorek

AbstractThis contribution discusses National Parliaments’ subsidiarity objections raised in the context of the Early Warning Mechanism (EWM) to the European Public Prosecutor Office proposal, and the European Commission response to them. It argues that National Parliaments raised important points, on how does subsidiarity apply respectively, when the wording of the Treaty grants the Council theoptionto act, as opposed to an obligation to act; on how to assess the inefficiency of the national level; on how does subsidiarity apply in a geographically fragmented context, and on the legitimacy for the EU to regulate non cross-border behaviors. It criticizes the Commission's hasty dismissal of all National Parliaments’ objections, and its decision to leave the proposal's text untouched. It further argues that the Commission's interpreted the EWM as an arena where to test the political feasibility of the proposal, as it had occurred in the past, rather than as a proper subsidiarity policing mechanism. It finally provides some observation on how this interpretation of the EWM has negative implications to terms of subsidiarity policing, of understanding the substance of the principle, and of input legitimacy.


2011 ◽  
Vol 13 ◽  
pp. 23-46 ◽  
Author(s):  
Geert Corstens

AbstractHaving briefly traced the history of EU criminal law, this chapter first examines the new rules governing the competency of the EU in criminal law matters deriving from the Lisbon Treaty. Europol and Eurojust, the EU institutions that have been created with a view to fighting trans-border crime are examined, and the pros and cons of a possible further institution, the European Public Prosecutor are discussed. A final section examines the impact of the EU Charter, and the need to establish in this area an order of precedence between the EU Charter and the European Convention on Human Rights.


2020 ◽  
pp. 16-26
Author(s):  
Elena Ananieva ◽  

At the end of November the UK-EU talks were still in progress and in the absence of a deal the perspectives of short-term relations were labelled “provisional application” of interim agreements. The analysis of public opinion in times of COVID-19 pandemic reveals less attention to Brexit and a leaning to its soft alternative while believing exiting the EU to be wrong. The Johnson Cabinet was ready for no deal, having introduced the Internal Market Bill in breach of the UK-EU Agreement, but did not take measures for border control. This study shows that the reasons of the UK uncompromising attitude were dictated by economic as well as political and psychological factors. As to foreign policy the UK intends to underpin “Global Britain” with an expensive modernization of defence forces at the expense of international aid. The conclusion is that the UK is to remain the US major ally notwithstanding differences with the incoming administration.


2014 ◽  
pp. 13-29 ◽  
Author(s):  
S. Glazyev

This article examines fundamental questions of monetary policy in the context of challenges to the national security of Russia in connection with the imposition of economic sanctions by the US and the EU. It is proved that the policy of the Russian monetary authorities, particularly the Central Bank, artificially limiting the money supply in the domestic market and pandering to the export of capital, compounds the effects of economic sanctions and plunges the economy into depression. The article presents practical advice on the transition from external to domestic sources of long-term credit with the simultaneous adoption of measures to prevent capital flight.


2012 ◽  
pp. 132-149 ◽  
Author(s):  
V. Uzun

The article deals with the features of the Russian policy of agriculture support in comparison with the EU and the US policies. Comparative analysis is held considering the scales and levels of collective agriculture support, sources of supporting means, levels and mechanisms of support of agricultural production manufacturers, its consumers, agrarian infrastructure establishments, manufacturers and consumers of each of the principal types of agriculture production. The author makes an attempt to estimate the consequences of Russia’s accession to the World Trade Organization based on a hypothesis that this will result in unification of the manufacturers and consumers’ protection levels in Russia with the countries that have long been WTO members.


2013 ◽  
pp. 770-777
Author(s):  
Yelto Zimmer

The EU is about to abolish the sugar – and the isoglucose – quota system in 2016/17. Isoglucose made from corn occupies about 50% of the US sweetener market while its market share in the EU caloric sweetener market is less than 5%. Against this background, this paper analyses the economics of isoglucose production in Europe in order to understand its competitiveness vis-à-vis sugar. Key results: (1) Isoglucose will become a rather competitive product. The EU sugar industry will have to give up about 40% of its current processing and profit margin in order to sell sugar at the same price as isoglucose will be traded; (2) Once industrial sugar users move to isoglucose, they will tend to be “hooked-in,” giving the sugar industry a strong incentive to defend its market share; and (3) Since only about 30% of the current sugar market is able to switch to isoglucose, the sugar industry has the option to practice a mixed calculation. In an extreme scenario, the industry may even opt to cross-subsidize sales. Therefore it’s not clear whether investors in isoglucose will be able to gain a major market share in Europe.


Sign in / Sign up

Export Citation Format

Share Document