Anti-Money Laundering

2020 ◽  
Author(s):  
Hugo D. Lodge
Keyword(s):  
Money Laundering ◽  
Eu Law ◽  
The Core ◽  
The Uk ◽  
The Impact

Anti-money Laundering Powers in the UK Post-Brexit 13.01 Overview of the Amendments Made by the 2018 Act 13.01 Pre-Brexit AML Regime under EU Law 13.05 The Impact of the 2018 Act on AML in the UK 13.12 The Core AML Power:...

The EU as an “enforcement patchwork”: the impact of national enforcement for compliance with EU water law in Spain and Britain

2013 ◽  
Vol 34 (2) ◽  
pp. 331-353 ◽  
Author(s):  
Mónica García Quesada
Keyword(s):  
Waste Water Treatment ◽  
National Level ◽  
State Level ◽  
Detailed Examination ◽  
Deterrent Effect ◽  
Eu Law ◽  
Wide Range ◽  
The Uk ◽  
The Impact ◽  
The Eu

AbstractFailures of compliance with European Union (EU) directives have revealed the EU as a political system capable of enacting laws in a wide range of different policy areas, but facing difficulties to ensure their actual implementation. Although the EU relies on national enforcement agencies to ensure compliance with the EU legislation, there is scarce analysis of the differential deterrent effect of national enforcement in EU law compliance. This article examines the enforcement of an EU water directive, the Urban Waste Water Treatment Directive, in Spain and the UK. It focuses on the existing national sanctions for disciplining actors in charge of complying with EU requirements, and on the actual use of punitive sanctions. The analysis shows that a more comprehensive and active disciplinary regime at the national level contributes to explain a higher degree of compliance with EU law. The article calls for a detailed examination of the national administrative and criminal sanction system for a more comprehensive understanding of the incentives and disincentives to comply with EU law at the national state level.

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.

6. The relationship between EU and national law

2020 ◽  
pp. 154-178
Author(s):  
Sylvia de Mars
Keyword(s):  
National Court ◽  
Legal Order ◽  
Eu Law ◽  
The European Union ◽  
Eu Membership ◽  
Parliamentary Sovereignty ◽  
Domestic Courts ◽  
The Uk ◽  
The Impact ◽  
The Relationship

This chapter focuses on the relationship between EU law and national law. It first explores the jurisprudence on what is known as the doctrine of supremacy of EU law of the Court of Justice of the European Union (CJEU). When a national court observes that a national law clashes with an EU law, they must set aside that national law. The EU legal order would not work without a doctrine like supremacy: not only would domestic courts not be compelled to apply EU law instead of conflicting national law, but it is likely that different domestic courts would take different decisions as to whether to apply EU law over national law in a given scenario. The chapter then considers how supremacy has been received in Germany and the UK, looking at how the German and UK legal orders interact with EU law. It then addresses whether ‘parliamentary sovereignty’ is compatible with EU membership, and examines the impact of Brexit on the supremacy of EU law.

4. EU legislative powers

2020 ◽  
pp. 88-122
Author(s):  
Sylvia de Mars
Keyword(s):  
Transition Period ◽  
International Agreements ◽  
Soft Law ◽  
Eu Law ◽  
Principle Of Proportionality ◽  
The Uk ◽  
The Impact ◽  
Legislative Processes ◽  
Domestic Law ◽  
The Eu

This chapter examines the sources of EU law. As with domestic law, there are two overarching categories of EU law: primary law and secondary law. EU primary law includes the EU Treaties and the general principles of EU law. Meanwhile, EU secondary law includes regulations, directives, decisions, international agreements, and ‘soft law’. The chapter then looks at the legislative processes that are used to adopt secondary legislation, and assesses when, or in what policy areas, the EU can make law. It also considers two mechanisms that aim to prevent the EU from extending its legislative power beyond what the Treaties have granted it: the principle of subsidiarity and the principle of proportionality. Finally, the chapter addresses the impact of Brexit on EU law, assessing what will happen to EU law in the UK during the Withdrawal Agreement's transition period.

EU Law Directions

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
Case Law ◽  
Subject Area ◽  
Free Movement ◽  
Eu Law ◽  
Academic Quality ◽  
Experience Teaching ◽  
Free Movement Of Persons ◽  
The Uk ◽  
Substantive Law ◽  
The Impact

EU Law Directions explains the key topics and developments in this fast-paced and increasingly important subject area. Based on 35 years’ experience teaching and examining European Union (EU) law, this book provides a student-friendly text which is readable without compromising on academic quality. The text is easy to follow, with useful features throughout such as case summaries, key definitions, and diagrams. Cross-references and end-of-chapter summaries demonstrate how topics link together and enable students to quickly build up a comprehensive understanding of EU law. The text is clearly broken down into logical sections, guiding students through institutional, procedural, and substantive law from a European perspective, as well as taking into account the fast-moving events in the UK generated by the result of the Brexit referendum. A clear and uncomplicated writing style ensures students new to EU law quickly grasp the central elements of the subject. This book has been fully revised in this new edition to take account of new legislative and case law developments, in particular relating to the free movement of persons and equality law. This new edition includes a full consideration of the impact of the Lisbon Treaty, including changes to Article 263 TFEU; consideration of the latest case law, in particular the growing post-Keck cases in the free movement of goods; and new and expanded case summaries. This edition also includes an introductory chapter on competition policy and law.

Part A Regulatory Matters, 7 Money Laundering Legislation

2015 ◽  
Author(s):  
Proctor Charles
Keyword(s):  
Money Laundering ◽  
Regulatory Environment ◽  
Terrorist Financing ◽  
Customer Identification ◽  
Proceeds Of Crime ◽  
The Uk ◽  
The Impact

This chapter considers the impact of anti-money laundering and anti-terrorist financing legislation on a bank's business. It provides a broad international background to anti-money laundering initiatives. It also gives an overview of the UK regulatory environment. The chapter then explains customer identification requirements; the substantive money laundering offences created by the Proceeds of Crime Act 2002; anti-terrorism legislation; and the civil consequences of the anti-money laundering framework.

scholarly journals ‘We’re all in this together’: Commodified notions of connection, care and community in brand responses to COVID-19

2020 ◽  
Vol 23 (6) ◽  
pp. 1033-1037 ◽  
Author(s):  
Francesca Sobande
Keyword(s):  
Consumer Culture ◽  
Economic Disparities ◽  
The Core ◽  
Global Pandemic ◽  
The World ◽  
The Uk ◽  
The Impact ◽  
The Relationship ◽  
Marketing Messages ◽  
Structural Inequalities

The current COVID-19 (coronavirus) global pandemic has resulted in a wave of advertising and marketing approaches that are based on commodified concepts of human connection, care and community in a time of crisis. At the core of many brands’ marketing messages – whether these be supermarket advertising campaigns or celebrity self-branding – is the notion that ‘we’re all in this together’. While it is true that the impact of COVID-19 has affected the lives of many people around the world, not everyone is experiencing this crisis the same way, due to structural inequalities and intersecting oppressions. What is the relationship between COVID-19, capitalism and consumer culture? Who is the ‘we’ in the messages of ‘we’re all in this together’, and how might such messages mask distinct socio-economic disparities and enable institutions to evade accountability? This article examines sub-textual meanings connected to brand responses to COVID-19 in the UK context which rely on an amorphous imagined ‘we’ – and which ultimately may aid brands’ pursuit of productivity and profit, rather than symbolising support of and concern for people.

scholarly journals Accommodating nomadism and mobility

2019 ◽  
Vol 39 (3/4) ◽  
pp. 324-336 ◽  
Author(s):  
Zoë James ◽  
Rebekah Southern
Keyword(s):  
Design Methodology ◽  
Local Authority ◽  
Content Type ◽  
The Core ◽  
South West ◽  
Research Findings ◽  
Definition Of ◽  
The Uk ◽  
Socially Excluded ◽  
The Impact

Purpose The purpose of this paper is to examine how and why Gypsies and Travellers are socially excluded in England and how their experience may be reflected in other European contexts. Specifically, the paper explores the impact of planning policies on accommodation provision for Gypsies and Travellers in England and subsequently how their exclusion manifests due to the sedentarist binary definition of nomadism embedded within that policy. Design/methodology/approach The paper draws on evidence from empirical research carried out by the authors in the South West of England in 2015 as part of an accommodation needs assessment of Gypsies and Travellers. The research was commissioned by a local authority but the analysis presented here was carried out in addition to the core report. The decision to comment further on the research findings in relation to policy and theory was agreed with the project funders. Findings The research findings show that there continues to be a lack of accommodation provided to Gypsies and Travellers in England, despite policy and legislative initiatives to the contrary. The paper identifies that current government policy in England is likely to diminish access to appropriate accommodation in the future for Gypsies and Travellers, particularly for the most vulnerable. Finally, the paper concludes that a sedentarist binary definition of nomadism has failed to recognise Gypsy and Traveller communities’ culture or mobility. Originality/value This paper sets out how an underpinning “sedentarist binary” definition of nomadism is used in England to determine policies of provision for Gypsies and Travellers. That definition is based on the sedentary notions of nomadism that are binary, distinguishing only between people who are mobile and people who are not, rather than acknowledging the cultural nomadism of Gypsies and Travellers. The findings are useful beyond the UK context as they help to explain why Gypsies, Travellers and Roma in wider Europe remain excluded within states despite extensive European initiatives for inclusion.

Dealing with Viking and Laval: From Theory to Practice

2009 ◽  
Vol 11 ◽  
pp. 123-163
Author(s):  
Robert O’Donoghue ◽  
Bruce Carr
Keyword(s):  
Unresolved Issue ◽  
Eu Law ◽  
Economic Rights ◽  
The Core ◽  
Theory To Practice ◽  
Industrial Action ◽  
Core Issue ◽  
The Uk

AbstractThis chapter examines the recent controversial decisions of the ECJ in Viking and Laval, focusing on how they are likely to be applied in practice. Firstly, it considers the rules regarding the applicable forum and the procedures for going to court in the UK, then it looks at when it can be said that an employer’s economic rights under EU law have been engaged and when there has been a ‘restriction’ on those rights. It goes on to address the core issue of the circumstances in which a ‘restriction’ on the relevant EU economic right pursues a ‘legitimate aim’ and then considers the key battleground in future cases falling under Viking and Laval, namely whether the industrial action is ‘proportionate’. Finally, it addresses an important, but unresolved, issue: the extent to which industrial action in breach of Articles 43 or 49 EC could give rise to liability in damages.

3. Sovereignty and sources of law

2017 ◽  
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Eu Law ◽  
Eu Integration ◽  
Eu Membership ◽  
Legislative Procedures ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
The Uk ◽  
The Impact ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter examines the principle of sovereignty of EU law and how the judicial application of the sovereignty principle has advanced EU integration. The chapter specifically considers the impact of EU membership on the UK’s sovereignty and how the principle has been applied by the UK courts. The chapter also discusses EU competences and the attribution of powers to the EU; the application of the principle of subsidiarity; the sources of EU law; and EU legislative procedures.

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