scholarly journals The EU's Fight Against Corporate Financial Crime: State of Affairs and Future Potential

2018 ◽  
Vol 19 (5) ◽  
pp. 1221-1249
Author(s):  
Vanessa Franssen
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Financial Crime ◽  
Eu Law ◽  
The Past ◽  
Corporate Punishment ◽  
Future Potential ◽  
Enforcement Mechanisms ◽  
State Of Affairs ◽  
The Eu

AbstractConsidering the European Union's efforts to tackle various forms of financial crime more effectively, especially since the financial crisis of 2008, one would expect that the Union has also been strengthening its grip on national law with respect to corporate financial crime. Instead, this Article finds that the EU approach to corporate financial crime has actually not evolved that much over the past two decades. Moreover, this Article demonstrates that EU law still fails to sufficiently take into account the specific features of corporate entities (as opposed to individuals), as well as to fully exploit the potential strengths of a criminal law approach, as opposed to an administrative or civil law approach. In the author's view, the EU should more carefully consider the objectives and strengths of different kinds of enforcement mechanisms and adopt a more coherent approach, particularly with respect to corporations. Furthermore, when it comes to corporate punishment, the EU seemingly lacks ambition and creativity. EU legal instruments focus strongly on fines while insufficiently exploring other, potentially more adequate sanctions to achieve certain punishment goals. Ultimately, this may undermine the effectiveness of the EU's fight against corporate financial crime.

1. The Nature of English Law

2019 ◽  
pp. 3-15
Author(s):  
Lucy Jones
Keyword(s):  
Criminal Law ◽  
Historical Development ◽  
Common Law ◽  
Civil Law ◽  
Public Law ◽  
Eu Law ◽  
England And Wales ◽  
English Law ◽  
The Uk ◽  
The Eu

This chapter first explains the meaning of law. It then discusses the historical development and characteristics of English law, and the different types of law (public law, private law, criminal law, and civil law). Laws are rules and regulations which govern the activities of persons within a country. In England and Wales, laws are composed of three main elements: legislation which is created through Parliament; common law; and, until the UK leaves the EU, directly enforceable EU law. This chapter also considers the terminology used for criminal prosecutions and civil actions, and outlines the legal profession in England and Wales.

1. The Nature of English Law

2017 ◽  
Author(s):  
Lucy Jones
Keyword(s):  
Criminal Law ◽  
Historical Development ◽  
Common Law ◽  
Civil Law ◽  
Public Law ◽  
Eu Law ◽  
England And Wales ◽  
English Law ◽  
The Uk ◽  
The Eu

This chapter first explains the meaning of law. It then discusses the historical development and characteristics of English law, and the different types of law (public law, private law, criminal law, and civil law). Laws are rules and regulations which govern the activities of persons within a country. In England and Wales, laws are composed of three main elements: legislation which is created through Parliament, common law, and, until the UK leaves the EU, directly enforceable EU law. This chapter also considers the terminology used for criminal prosecutions and civil actions, and outlines the legal profession in England and Wales.

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.

scholarly journals A legitimacy-based approach to EU criminal law: Maybe we are getting there, after all

2020 ◽  
Vol 11 (1) ◽  
pp. 20-39
Author(s):  
Kimmo Nuotio
Keyword(s):  
European Union ◽  
Social Theory ◽  
Criminal Law ◽  
Criminal Policy ◽  
Point Of View ◽  
Eu Law ◽  
Member States ◽  
Strong Emphasis ◽  
European Criminal Law ◽  
The Eu

European Union (EU) law is known for its strong emphasis on effectivity and more generally for its instrumental character. This is not foreign even to European criminal law, a feature which creates some tension between the EU criminal law and criminal law in the national setting. EU Framework Decisions and Directives often require the Member States to criminalize certain forms of conduct with sanctions that are ‘Effective, Dissuasive and Proportionate’. In this article, I try to show that it would be timely to look at EU criminal law from an alternative point of view, as a more mature law. I call this a legitimacy-based approach. Such a reading would ease some of these tensions. It would also be helpful in developing a criminal policy for the EU, a policy which would be realistic and pragmatic. And it would be easier to look at EU criminal law from the point of view of justice. In order to get there, we need to see where the (current) narrow deterrence argument gets is wrong or one-sided. Some social theory is needed in order to make the point.

Europäisches Strafrecht nach dem Vertrag von Lissabon: Macht die Reform den Weg frei?

2021 ◽  
Author(s):  
Grazyna Marina Plump
Keyword(s):  
Criminal Law ◽  
Academic Community ◽  
Point Of View ◽  
Democratic Deficit ◽  
Eu Law ◽  
Legal Basis ◽  
Vertrag Von Lissabon ◽  
Criminal Matters ◽  
European Criminal Law ◽  
The Eu

This study deals with a topic that has been matter of debate among the academic community for some time: The competences of the EU in Criminal Law. With the current EU law after Lisbon the basic academic criticism of European Criminal Law, especially the prominent objection of a democratic deficit, is being scrutinized. Thereafter the analysis deals with the EU’s legislative powers in criminal matters. The competences with regard to the harmonization of Criminal Law are examined as well as the EU’s legislative power to define offences via regulations. The work relates the analysis of the current legal basis of European Criminal Law to the fundamental criticism that is voiced especially from the point of view of democratic theory.

25. EU criminal law

2017 ◽  
Author(s):  
John R Spencer
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Eu Law ◽  
Member States ◽  
Criminal Justice Systems ◽  
Practical Necessity ◽  
Ideological Resistance ◽  
Law Making ◽  
The Eu

This chapter examines what EU criminal law consists of; the reasons for its existence; and the mechanism by which it is created. It then describes the more important of its practical manifestations. It shows that Member States are torn between the practical necessity for certain problems in the area of criminal law to be dealt with at an EU level, and a deep-seated ideological resistance to this happening. A consequence of this is that the bulk of the EU instruments of which EU criminal law is composed are designed to help and encourage the criminal justice systems of the various Member States to work together, rather than to impose upon them uniform rules of criminal law or criminal procedure devised by EU law-making institutions.

scholarly journals Fejezetek Erdély huszadik századi jogtörténetéből

2021 ◽  
Vol 3 (3) ◽  
pp. 101-124
Author(s):  
Előd Pál
Keyword(s):  
Criminal Law ◽  
Legal History ◽  
Legal Education ◽  
Civil Law ◽  
Round Table ◽  
Round Table Discussion ◽  
Constitutional History ◽  
Social Situations ◽  
The Past ◽  
History Of

On 20 November 2018, the Hungarian Museum Association of Transylvania and Sapientia Hungarian University of Transylvania organized a round table discussion on the legal history of Transylvania. The event took place as part of a series of events on the Hungarian Science Day in Transylvania, at the Sapientia building on Calea Turzii Cluj-Napoca. The participants were Dr Gyula Fábián (minority law), Dr Zsolt Fegyveresi (constitutional history), Dr László Nánási (history of criminal law), Dr Zsolt Kokoly (history of legal education), Dr János Székely (history of civil procedure law), and Dr Emőd Veress (history of civil law). The event was moderated by Előd Pál. The participants presented their research studies related to the legal history of Transylvania and explored the legal and social situations of the past hundred years.

scholarly journals The standstill clause mechanism on the example of the tax on civil law transactions as applied to capital contributions

2016 ◽  
Vol 1 (3) ◽  
pp. 61-78
Author(s):  
Kacper Kanka
Keyword(s):  
Civil Law ◽  
Case Law ◽  
Tax Law ◽  
Eu Law ◽  
National Legislation ◽  
The Impact ◽  
The Eu

Abstract This article contains general characteristics of both the standstill clause, in particular its objectives and functions regarding tax law, as well as a description of the mechanism of its application. At the end, the article contains proposals for both the direct subject of this work and the impact of the case law of the ECJ on the interpretation and application of the EU law and national legislation which implements this law. As stated in the article, proper application of the standstill clause should be preceded by a thorough analysis of the EU law, national provisions and case law of the ECJ. In the article, in order to ensure the transparency of the process, a test has been proposed the results of which should indicate whether the national provisions constitute the so-called permitted derogation. Current rules relating to Polish tax on civil law transactions are partially incompatible with EU rules - they do not constitute a permitted derogation and should not be used.

24. EU criminal law

2020 ◽  
pp. 792-825
Author(s):  
John R Spencer ◽  
András Csúri
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Eu Law ◽  
Member States ◽  
Criminal Justice Systems ◽  
Practical Necessity ◽  
Ideological Resistance ◽  
Law Making ◽  
The Eu

This chapter examines what EU criminal law consists of; the reasons for its existence; and the mechanism by which it is created. It then describes the more important of its practical manifestations. It shows that Member States are torn between the practical necessity for certain problems in the area of criminal law to be dealt with at an EU level, and a deep-seated ideological resistance to this happening. A consequence of this is that the bulk of the EU instruments of which EU criminal law is composed are designed to help and encourage the criminal justice systems of the various Member States to work together, rather than to impose upon them uniform rules of criminal law or criminal procedure devised by EU law-making institutions.

The role of national courts between EU obligations and national standards of protection of fundamental rights

2018 ◽  
Vol 9 (2) ◽  
pp. 216-228 ◽  
Author(s):  
Annalisa Lucifora
Keyword(s):  
Criminal Law ◽  
Fundamental Rights ◽  
National Standards ◽  
Eu Law ◽  
Criminal Cases ◽  
National Courts ◽  
Domestic Legislation ◽  
The Relationship ◽  
The Eu

This article focuses on the role of national courts in the implementation of the EU legal system. Since Simmenthal and Costa v. E.N.E.L., these courts are called upon, as part of their duty of sincere cooperation, to ensure the full application of EU law in all Member States and to protect the rights which that law confers on individuals. The duty to set aside conflicting provisions may be problematic in criminal cases. The issue has recently been put in the spotlight again by the Taricco case, which shows how the removal of an inconsistency between domestic legislation and EU law could sometimes lead to an infringement of constitutional criminal law principles. The Taricco case also calls into question the relationship between the primacy of EU law and the protection of fundamental rights.

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