scholarly journals Implementation of the EPPO Regulation from the Slovak Perspective

2021 ◽  
Vol 5 (2) ◽  
pp. 75-86
Author(s):  
Dominika Becková ◽  
Katarína Koromházová
Keyword(s):  
Criminal Law ◽  
Slovak Republic ◽  
Current Concept ◽  
Member States ◽  
Effective Application ◽  
European Public ◽  
Financial Interests ◽  
Legislative Measures ◽  
The Eu

Nowadays, 22 Member States are participating in enhanced cooperation for establishment of the European Public Prosecutor's Office. Due to the fact that the establishment and exercise of powers of the European Public Prosecutor's Office significantly changes the current concept of EU criminal law, it was necessary for the participating Member States to adapt to this change. To ensure effective application of the Regulation in practice, the Member States had to adopt different implementing measures. As in other Member States, also the national authorities of the Slovak Republic needed to consider necessary legislative measures ensuring effective application of the EPPO Regulation for the purpose of investigating and prosecuting criminal offences affecting financial interests of the EU.

scholarly journals European Public Prosecutor's Office: New Actor in EU Criminal Law

2020 ◽  
Vol 4 (2) ◽  
pp. 163-172
Author(s):  
Dominika Becková
Keyword(s):  
European Union ◽  
Criminal Law ◽  
The European Union ◽  
Member States ◽  
European Public ◽  
Financial Interests ◽  
Institutional System ◽  
The Eu

The European Public Prosecutor's Office was established under enhanced cooperation in 2017, as a new body in the institutional system of the European Union.  The establishment of the European Public Prosecutor's Office changes the EU criminal law in a significant way, as it is the first body of the European Union, which will undertake its own investigations of criminal offences affecting the financial interests of the EU, carry out acts of prosecution and exercise the functions of prosecutor in the competent courts of the Member States.

Harmonising public sector accounting laws and regulations of the European Union member states: powers and competences

2021 ◽  
pp. 002085232110600
Author(s):  
Karoline Helldorff ◽  
Johan Christiaens
Keyword(s):  
Public Sector ◽  
Accounting Standards ◽  
The European Union ◽  
Member States ◽  
European Public ◽  
Public Sector Accounting ◽  
Will Force ◽  
The One ◽  
Rules Set ◽  
The Eu

This paper analyses the powers and competences of the EU to standardise public sector accounting of the member states and to take other EU action in the field of public sector accounting. We argue that public sector accounting forms part of the administrative organisation of the member states that is not a core EU competence. EU initiatives such as the European Public Sector Accounting Standards project, which aim to increase transparency and comparability, therefore need to follow the rules set out for administrative matters in general. The study reveals on the one hand that EU actions are essentially limited to voluntary cooperation and influences of other policy areas. But on the other hand, it shows that they do not need to be limited to the initiatives currently driven by Eurostat. Points for practitioners The future of the European Public Sector Accounting Standards project is uncertain. However, it is very unlikely that it will take the shape of a top-down set of readymade EU accounting standards that will force public administrations to adjust their inner workings. Public sector accounting is not (yet) a (typical) European policy, but simply a national one that the EU can support. The EU initiative can be considered as an opportunity for collaboration and knowledge sharing on how to increase transparency of public sector accounting.

The European Integrated Criminal Justice System and its Constitutional Framework

2005 ◽  
Vol 12 (2) ◽  
pp. 125-147 ◽  
Author(s):  
Joachim Vogel
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
European Integration ◽  
Criminal Law ◽  
Justice System ◽  
Legal Systems ◽  
Member States ◽  
Criminal Justice Systems ◽  
Financial Interests ◽  
Justice Systems

This article discusses the concept of the integrated European criminal justice system and its constitutional framework (as it stands now and as laid down in the Treaty Establishing a Constitution for Europe signed in Rome on 29 October 2004). It argues that European integration does not stop short of criminal justice. Integration does not mean that Member States and their legal systems, including their criminal justice systems, are being abolished or centralised or unified. Rather, they are being integrated through co-operation, co-ordination and harmonisation; centralisation, respectively unification, is a means of integration only in specific sectors such as the protection of the European Communities' financial interests. The article further argues that the integrated European criminal justice system is in need of a constitutional framework. The present framework suffers from major deficiencies. However, the Treaty establishing a Constitution for Europe will introduce a far better, all in all satisfactory, ‘criminal law constitution’.

Public Security Derogations to the Free Movement of EU Citizens and Preventive Criminal Law: A Collision between Ever-Expanding Concepts?

2019 ◽  
Vol 27 (4) ◽  
pp. 293-319
Author(s):  
Alejandro Sánchez Frías
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Case Law ◽  
Free Movement ◽  
Public Security ◽  
European Level ◽  
Member States ◽  
Eu Directive ◽  
The Eu

The threat of foreign terrorist fighters has led to the development of preventive criminal law on an international and European level. The EU Directive on combating terrorism can have two impacts on the free movement of EU citizens. It directly calls upon Member States to criminalise the act of travelling, as well as other conduct that may be connected to a terrorist offence. In addition, ecj case law accepts EU criminal law as a basis for public security derogations against free movement. Therefore, the commission of any of the acts criminalised in the EU Directive on combating terrorism could be used as a reason to restrict the exercise of free movement by EU citizens. When Member States begin to adopt these measures, litigation on the balance between preventive criminal justice and free movement of EU citizens will increase.

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.

Germany, Europe, and the Politics of Constraint

2003 ◽  
Keyword(s):  
European Integration ◽  
Specific Reference ◽  
Integration Process ◽  
Member States ◽  
Policy Choices ◽  
Eu Membership ◽  
European Public ◽  
German Model ◽  
Shaping Power ◽  
The Eu

The process of European integration is marked both by continued deepening and widening, and by growing evidence of domestic disquiet and dissent. Against this background, this book examines three key themes: the challenge to the power of member states – as subjects of European integration – to determine the course of the integrationist project and to shape European public policies; the constraints in the domestic political arena experienced by member states as objects of European integration; and the contestation over both the ‘constitutive politics of the EU’ and specific policy choices. These three themes – power, constraint, and contestation – and their interdependence are explored with specific reference to Germany. The main findings call for a revision of the ‘conventional wisdom’ about Germany's Europeanization experience. First, while Germany continues to engage intensively in all aspects of the integration process, its power to ‘upload’ – ‘hard’ and ‘soft’, ‘deliberate’ or ‘unintentional’, ‘institutional’ or ‘ideational’ – appears in decline. Germany's capacity to ‘shape its regional milieu’ is challenged by both changes in the integration process and the ever-more-apparent weaknesses of the ‘German model’. The traditional regional core milieu is shrinking in size and importance in an enlarging Europe, and Germany's milieu-shaping power is being challenged. Second, the coincidence of enabling and constraining effects is being progressively replaced by a discourse that notes unwelcome constrictions associated with EU membership.

Corona-Bonds und EU-Verschuldung: Zukunftsvision oder Europäische Naivität?

2020 ◽  
Vol 69 (2) ◽  
pp. 148-165
Author(s):  
Bodo Herzog
Keyword(s):  
Current Debate ◽  
Constitutional Court ◽  
Political Union ◽  
Member States ◽  
European Public ◽  
Federal Constitutional ◽  
Lively Debate ◽  
And Control ◽  
Principle Of Liability ◽  
The Eu

AbstractThis article studies the current debate on Coronabonds and the idea of European public debt in the aftermath of the Corona pandemic. According to the EU-Treaty economic and fiscal policy remains in the sovereignty of Member States. Therefore, joint European debt instruments are risky and trigger moral hazard and free-riding in the Eurozone. We exhibit that a mixture of the principle of liability and control impairs the present fiscal architecture and destabilizes the Eurozone. We recommend that Member States ought to utilize either the existing fiscal architecture available or establish a political union with full sovereignty in Europe. This policy conclusion is supported by the PSPP-judgement of the Federal Constitutional Court of Germany on 5 May 2020. This ruling initiated a lively debate about the future of the Eurozone and Europe in general.

scholarly journals Joined Cases C-643/15 and C-647/15 Slovak Republic and Hungary v Council of the European Union

2020 ◽  
Vol 8 (2) ◽  
pp. 141-154
Author(s):  
Anna Doliwa-Klepacka
Keyword(s):  
Slovak Republic ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Council Decision ◽  
Legal Nature ◽  
Management Measure ◽  
The Common ◽  
First Time ◽  
The Eu

In the commented judgment the Court of Justice has, for the first time, made an analysis of the legal nature of Article 78(3) TFEU including in particular the understanding of the concepts contained in that provision and the conditions for its application. This provision allows the Council to adopt the non-legislative acts in case of a sudden influx of migrants from third countries into the territory of the Member States. The Court also characterized the temporary relocation mechanism as a part of the common asylum system of the EU and a crisis management measure and examined the provisions of Council Decision 2015/1601, obligating the Member States to relocate 120000 persons staying in Italy and Greece – in the light of the notions used in Article 78(3) TFEU.

scholarly journals Vat-Fraud Prevention Tools: Challenges And Policy Issues In Italy

2019 ◽  
Vol 18 (38) ◽  
pp. 01-20
Author(s):  
Vincenzo Carbone
Keyword(s):  
Criminal Law ◽  
European Parliament ◽  
Member States ◽  
Fraud Prevention ◽  
Policy Issues ◽  
Critical Issues ◽  
Financial Interests ◽  
Italian Legislation

The European Member States lose billions of euros in VAT revenues on account of fraud. The paper analyses the Italian legislation concerning the VAT fraud, highlighting the critical issues in view of the 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.

The Democratic Function of the Public Sphere in Europe

2013 ◽  
Vol 14 (5) ◽  
pp. 673-693 ◽  
Author(s):  
Mayte Peters
Keyword(s):  
Public Sphere ◽  
European Integration ◽  
Member States ◽  
The Public ◽  
Eu Member States ◽  
European Democracy ◽  
European Public ◽  
The Public Sphere ◽  
Political Economic ◽  
The Eu

Democratically legitimized European integration calls for developments in culture and society—which arise naturally in the scope of on-going political, economic and institutional European Union (EU) integration—to be publically debated so they may be politically processed. The space where this happens is the public sphere, or, in the context of the EU, the European public sphere. The latter complements national public spheres. Successful integration among EU Member States is made possible by adhering to a common set of values at the same time as respecting the national identities of the Member States and fostering cultural diversity. By way of Union citizenship rights, individuals are able to make use of and actively promote the Europeanization of societies and cultures. Yet citizens are affected by Europeanization to differing degrees, with only a minority of citizens actively partaking in transnational exchange. In order to account for European integration democratically, the EU treaties hold provisions allowing for a close institutional interdependence of national and European democracy.

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