Global sanctions against corruption and asset recovery: a European approach

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Georgios Pavlidis
Keyword(s):  
European Union ◽  
Human Rights ◽  
Design Methodology ◽  
The European Union ◽  
Content Type ◽  
Open Source Data ◽  
Asset Recovery ◽  
Source Data ◽  
The Uk ◽  
The Eu

Purpose This paper aims to critically examine whether it is timely and actionable for the European Union (EU) to adopt a global sanctions regime against corruption and how such a regime can be designed to maximise its efficiency. This paper argues that developing such a dedicated framework is necessary, feasible and supportive of the international fight against corruption and the efforts to enhance the recovery of corruption proceeds. Design/methodology/approach This paper draws on reports, legislations, legal scholarships and other open-source data on global sanctions against corruption and the recovery of corruption proceeds. Findings This paper argues in favour of a dedicated global sanctions regime against corruption, which is necessary to mitigate significant risks for the EU internal market. Originality/value To the best of the authors’ knowledge, this study is one of the first to examine recent legislative developments, such as the EU Global Human Rights Sanctions Regime and the UK Global Anti-Corruption Sanctions Regulations, and the possible development of an EU-dedicated global sanctions regime against corruption with strong asset recovery components.

Asset recovery: a Swiss leap forward?

2017 ◽  
Vol 20 (2) ◽  
pp. 150-158 ◽  
Author(s):  
George Pavlidis
Keyword(s):  
Human Rights ◽  
Design Methodology ◽  
International Standards ◽  
Extensive Experience ◽  
Content Type ◽  
Open Source Data ◽  
Asset Recovery ◽  
Source Data ◽  
National Norms ◽  
Human Rights Standards

Purpose International asset recovery proceedings may be hindered by several obstacles, especially in the case of “failed states” or of states that experience a regime change. In this context, Switzerland, a country with extensive experience in asset recovery, attempted two legislative leaps forward, the first in 2011 and the second in 2016. The purpose of this paper is to critically examine the legislative innovations in Switzerland, with special reference to their strengths, weakness and compatibility with human rights standards. Design/methodology/approach This paper draws on legal scholarship, jurisprudence, reports and other open source data, to analyze two important legislative innovations in Switzerland [Law on the Restitution of Assets of Criminal Origin of 2010 (LRAI) and law on assets of illicit origin (LVP). Findings The two Swiss legislative initiatives that will be examined (LRAI and LVP) are innovative in nature, but serious weaknesses and obstacles to asset recovery remain unaddressed. Despite their flaws, these two legislative innovations can inspire positive change in international and national norms. They can be viewed as part of a work-in-progress for the reinforcement of asset recovery proceedings and international cooperation in this domain. Originality/value Since the new law on asset recovery (LVP) came into force (July 1, 2016), this has been the first study examining the strengths and weaknesses of the adopted text, its compatibility with human rights standards and its potential influence on international standards of asset recovery.

scholarly journals Young People’s Engagement With the European Union

2017 ◽  
Vol 225 (4) ◽  
pp. 313-323 ◽  
Author(s):  
Dagmar Strohmeier ◽  
Martyn Barrett ◽  
Carmen Bora ◽  
Simona C. S. Caravita ◽  
Elisa Donghi ◽  
...  
Keyword(s):  
Climate Change ◽  
European Union ◽  
Human Rights ◽  
Young People ◽  
Political Engagement ◽  
Demographic Variables ◽  
The European Union ◽  
The Uk ◽  
Future Vision ◽  
The Eu

Abstract. This study investigated whether demographic variables, efficacy beliefs, visions, and worries are associated with four different forms of (dis)engagement with the European Union (EU): intended voting in the 2019 EU elections, nonconventional political engagement, psychological engagement, and the wish that one’s own country should leave the EU. The sample comprised 3,764 young people aged 16–25 years living in seven European countries: Albania, Austria, Germany, Italy, Romania, Spain, and the UK. Economic challenges, human rights, and the environment were the most important future visions; unemployment and poverty, climate change, civil unrests, and collapse of the EU were the most important future worries. The four forms of (dis)engagement with the EU were differentially associated with predictors, although internal efficacy and future vision of economic challenges predicted all forms. Implications for future EU policy are discussed.

Graduated response and the emergence of a European surveillance society

Info ◽  
2010 ◽  
Vol 12 (6) ◽  
pp. 69-79 ◽  
Author(s):  
Trisha Meyer ◽  
Leo Van Audenhove
Keyword(s):  
European Union ◽  
Design Methodology ◽  
The European Union ◽  
State Of Emergency ◽  
Content Type ◽  
Surveillance Society ◽  
The Uk ◽  
Social Sorting ◽  
Technological Bias ◽  
Online Piracy

PurposeThis paper seeks to offer an alternative critique to graduated response, a warning and sanction mechanism aimed at fighting online piracy.Design/methodology/approachThis paper reflects on and frames graduated response in terms of theories on surveillance society and code. In particular, it analyses the graduated response debate in the European Union and the current initiatives in France and the UK.FindingsThe paper argues that graduated response portrays rights holders as being in a state of emergency, is a form of social sorting, and has a technological bias.Originality/valueThis paper contends that many objections raised to graduated response have been reduced to issues concerning the procedure rather than the principle, and that important societal questions concerning graduated response remain un(der)explored.

Insider trading in the European Union and in Brazil: a comparison of the essential elements of its definition

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Anna Blachnio-Parzych ◽  
Alexander de Castro
Keyword(s):  
European Union ◽  
Insider Trading ◽  
Design Methodology ◽  
Essential Elements ◽  
The European Union ◽  
Inside Information ◽  
Content Type ◽  
The Subject ◽  
Definition Of ◽  
The Eu

Purpose The purpose of this study is a comparison of anti-insider trading regulations in the European Union (EU) and in Brazil. Design/methodology/approach The subject of the comparison are three key elements that define the shape of the protection against insider trading, namely, the definition of inside information, the definition of insiders and the kinds of behaviours that are forbidden. Findings There are both differences and similarities between EU and Brazilian legislations on insider trading. The main discrepancies found in the three foci of the analysis seem to relate strongly to the different rationales for the prohibition of insider trading adopted in the two legal systems. In the EU, market egalitarianism and thus the parity of information, are the central concepts, whereas fiduciary duties originally constituted the point of reference in Brazil, although it has been losing importance over time owing to subsequent changes in the legislation. In sum, while anti-insider trading regulations in the EU have a well-defined identity, in Brazil their policy basis seems to be in the process of redefinition. Originality/value As of the time of submission of this study no published academic works dedicated substantially to a comparison of the anti-insider trading legislation of the EU and Brazil could be found.

Rethinking the role of the EU in enhancing European competitiveness

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Christian Ketels ◽  
Michael E. Porter
Keyword(s):  
European Union ◽  
Economic Performance ◽  
Design Methodology ◽  
The European Union ◽  
Content Type ◽  
The Past ◽  
The Many ◽  
European Economies ◽  
The Eu

Purpose This paper aims to review the evidence on Europe’s economic performance and on the role played by policies pursued at the European Union (EU) level, using the competitiveness framework as the conceptual lens. Design/methodology/approach Why has Europe not made more progress on upgrading its competitiveness over the past few decades, despite the many initiatives that the EU has launched? Findings It finds Europe’s sluggish performance to be driven by a failure to adjust the EU’s policy approach to fundamental changes in the competitiveness context and challenges faced by European economies. Originality/value Based on this analysis, the paper suggests a new role for the EU in supporting EU member countries and regions in achieving higher levels of competitiveness.

International Obligations and The Human Rights Act

2021 ◽  
pp. 260-288
Author(s):  
Peter Reading
Keyword(s):  
European Union ◽  
Human Rights ◽  
United Nations ◽  
The European Union ◽  
Human Rights Law ◽  
Council Of Europe ◽  
Before And After ◽  
Human Rights Act ◽  
The Uk ◽  
The Eu

This chapter explains how the Equality Act 2010 has a direct relationship with the UK’s international human rights obligations at regional and global levels in the European Union (EU), the Council of Europe, and the United Nations (UN). It is thus vital to the understanding, interpretation, and application of the Act to appreciate how it interacts with: EU equality and human rights law, before and after the UK ceasing its membership of the European Union (Brexit); the European Convention on Human Rights (ECHR) and the Human Rights Act 1998 (HRA) which implements the ECHR; and the key United Nations Conventions which relate to issues of equality of particular groups. The UK’s membership of the EU ended on 31 January 2020. This will have a fundamental effect on the application of EU equality and human rights law to the Act. It should be noted, however, that the UK’s departure from the EU does not in any way affect its membership of the Council of Europe, or being a party to the ECHR. The ECHR has been implemented into the UK’s domestic law by the enactment of the HRA.

Effective supply chain management

2020 ◽  
Vol 36 (7) ◽  
pp. 27-29
Keyword(s):  
Supply Chain ◽  
Supply Chains ◽  
Design Methodology ◽  
Reading Time ◽  
The European Union ◽  
Content Type ◽  
Pertinent Information ◽  
The Uk ◽  
Practical Implications ◽  
The Eu

Purpose Reviews the latest management developments across the globe and pinpoints practical implications from cutting-edge research and case studies. Design/methodology/approach This briefing is prepared by an independent writer who adds their own impartial comments and places the articles in context. Findings As soon as the UK voted to leave the European Union (EU) in 2017, one of the key discussions among businesses throughout Europe centered on what the likely impact would be on supply chains involving UK companies. Whether you were a mainland European country with supply chain partners in the UK, or a UK manufacturer that depended on European companies for supplies, the uncertainty and potential disruption to well-grooved supply chain processes became a major headache. At first, it was the uncertainty that proved the major issue as governments played politics and refused to define the likely deal that would enable supply chain terms to be put in place. As the UK left the EU and the terms of the overall deal became clearer, firms then had to work out how whether any necessary changes to their supply chains were required. Practical implications Provides strategic insights and practical thinking that have influenced some of the world’s leading organizations. Original/value The briefing saves busy executives and researchers hours of reading time by selecting only the very best, most pertinent information and presenting it in a condensed and easy-to-digest format.

Asset recovery in the European Union: implementing a “no safe haven” strategy for illicit proceeds

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
George Pavlidis
Keyword(s):  
European Union ◽  
Preventive Measures ◽  
Criminal Activity ◽  
Building Blocks ◽  
The European Union ◽  
Safe Haven ◽  
Criminal Proceedings ◽  
Content Type ◽  
Asset Recovery ◽  
The Eu

Purpose This paper aims to explore existing and proposed methods for enhancing asset recovery and targeting the proceeds of illicit trades and other types of criminal activity in the European Union (EU). Consistent and comprehensive implementation is needed at several levels (preventive measures, financial investigations, criminal proceedings and asset freezing and confiscation) to create a European “no safe haven” strategy for dealing with illicit proceeds. Design/methodology/approach This paper draws on primary sources of law, legal scholarship, reports and open-source data to explore the existing and proposed methods for enhancing asset recovery in the EU. Findings The EU should expand and accelerate harmonization initiatives that target illicit proceeds in cross-border cases by using the building blocks of asset recovery (preventive measures, criminal proceedings, financial investigations and asset freezing and confiscation) in a consistent and complementary manner. Originality/value This comprehensive study examines the existing asset recovery tools and explores new methods for enhancing the associated EU legal framework.

Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic

2020 ◽  
pp. 92-97
Author(s):  
A. V. Kuznetsov
Keyword(s):  
European Union ◽  
Human Rights ◽  
Comparative Analysis ◽  
International Law ◽  
The European Union ◽  
Eu Countries ◽  
European Union Countries ◽  
Legal Restrictions ◽  
Restrictive Measures ◽  
The Eu

The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.

The Law & Politics of Brexit: Volume II

2020 ◽  
Keyword(s):  
Decision Making ◽  
European Union ◽  
Legal Framework ◽  
Comprehensive Analysis ◽  
The European Union ◽  
Trade Relations ◽  
The United Kingdom ◽  
The Uk ◽  
Financial Settlement ◽  
The Eu

This book provides the first comprehensive analysis of the withdrawal agreement concluded between the United Kingdom and the European Union to create the legal framework for Brexit. Building on a prior volume, it overviews the process of Brexit negotiations that took place between the UK and the EU from 2017 to 2019. It also examines the key provisions of the Brexit deal, including the protection of citizens’ rights, the Irish border, and the financial settlement. Moreover, the book assesses the governance provisions on transition, decision-making and adjudication, and the prospects for future EU–UK trade relations. Finally, it reflects on the longer-term challenges that the implementation of the 2016 Brexit referendum poses for the UK territorial system, for British–Irish relations, as well as for the future of the EU beyond Brexit.

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