scholarly journals El Parlamento Europeo, legislador del Espacio de Justicia Penal de la UE // THE EUROPEAN PARLIAMENT, LEGISLATOR OF THE EUROPEAN SPACE OF CRIMINAL LAW

2015 ◽  
Vol 1 (93) ◽  
pp. 13
Author(s):  
Juan Fernando López Aguilar
Keyword(s):  
Criminal Law ◽  
European Parliament

scholarly journals The problematic scope of extended confiscation in comparative perspective

2019 ◽  
Vol 52 ◽  
pp. 119-133
Author(s):  
Ariadna H. Ochnio
Keyword(s):  
European Union ◽  
The Netherlands ◽  
Criminal Law ◽  
European Parliament ◽  
Comparative Perspective ◽  
Eu Law ◽  
The European Union ◽  
England And Wales ◽  
Normative Framework ◽  
Proceeds Of Crime

The scope of extended confiscation is determined, inter alia, by the choice of triggering offences in Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union. The question arises whether EU law guarantees appropriate limits of extended confiscation considering its specificity and the growing range of application in national legal orders. The study compared the normative framework of extended confiscation adopted in the criminal law of Poland, Romania, Germany, Austria, France, Spain, Finland, the Netherlands, and England and Wales. The list of offences, relevant for the scope of extended confiscation, is to be assessed by the Commission by 4 October 2019. The conclusions of the study concern the need to introduce, at the level of EU law, adequate safeguards against the disproportionate application of extended confiscation.

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.

Strengthening Environmental Protection through European Criminal Law

2007 ◽  
Vol 4 (3) ◽  
pp. 213-220
Author(s):  
Helge Elisabeth Zeitler
Keyword(s):  
European Union ◽  
Environmental Protection ◽  
European Commission ◽  
Criminal Law ◽  
European Parliament ◽  
Environmental Crime ◽  
Institutional Setting ◽  
The European Union ◽  
European Level ◽  
European Criminal Law

AbstractEnvironmental crime has been a topic discussed in international fora for many years. In February 2007, the European Commission presented a proposal for a Directive on Environmental Crime. This is not the first legislative instrument in the area at the level of the European Union. But for reasons that go far beyond the environmental content of this proposal, its discussion in the Council, which was taken up in March 2007 under the German Presidency, will be most controversial and of particular interest not only to environmental lawyers.' The following article aims at providing some background on the fight against environmental crime at the international and European level by giving an overview over the content of the draft directive (I) with a focus on particularly controversial aspects (II) and finally looking at the institutional setting in which discussion of the proposal will take place in the Council and in the European Parliament (III).

Happy end of a long saga—Agreement on the Directive for the Protection of the Environment through Criminal Law

2008 ◽  
Vol 5 (3-4) ◽  
pp. 281-291
Author(s):  
Helge Elisabeth Zeitler
Keyword(s):  
Criminal Law ◽  
European Parliament ◽  
Environmental Crime ◽  
Success Story ◽  
Original Proposal ◽  
One Year

AbstractOnly one year ago, the proposal for a Directive on the Protection of the Environment through criminal law was presented in this Journal, when discussions in the Council had just started—in May 2008, political agreement between Council and the European Parliament was already reached. Despite of the Directive being less far-reaching than one could have hoped for—this a success story, if alone for the fact that it will bring finally a binding European instrument on environmental crime. The following article will focus on the content of the agreed text and the most significant differences compared to the original proposal of the Commission of March 2007.

scholarly journals Kompetencja instytucji Unii Europejskiej do ustanawiania i kształtowania norm prawa karnego materialnego

2018 ◽  
pp. 107-119
Author(s):  
Georgi Gruew
Keyword(s):  
European Union ◽  
Criminal Law ◽  
European Parliament ◽  
Individual Member ◽  
The European Union ◽  
Member States ◽  
The Subject ◽  
The Creation ◽  
Principle Of Proportionality ◽  
The Eu

The paper focuses on the competence of the European Parliament and the EU Council to adopt directives in the area of substantive criminal law provided in Articles 83 and 84 of the TFEU, which confirm the earlier ECJ rulings on the subject. The competence granted to those institutions also ensure greater effectives of the adopted directives in combating serious crimes within the European Union. The creation of certain ‘emergency brakes’ and application of the principle of proportionality taking into account the fundamental principles of criminal law systems of individual Member States, has enabled the EU institutions to establish common definitions of most serious crimes.

Environmental Forensic Examinations in Poland: a Case Study

2021 ◽  
Vol 18 (1-2) ◽  
pp. 103-123
Author(s):  
Elżbieta Zębek ◽  
Denis Solodov
Keyword(s):  
Environmental Protection ◽  
Criminal Law ◽  
European Parliament ◽  
Criminal Cases ◽  
Judicial Decisions ◽  
Different Types ◽  
Animal World ◽  
Environmental Crimes

Abstract In environmental criminal cases, forensic examinations are of particular relevance and create the basis for judicial decisions. In the article, four criminal cases concerning different types of environmental crimes were described to show current challenges and shortcomings in the area of environmental protection through criminal law in Poland, and the role of the experts in the process of proof. Special attention was paid to the forensic examinations of the plant and animal world within Nature 2000 sites, which are appeared to be the most challenging. The authors also addressed the issue of the compliance of domestic criminal law and its enforcement with the provisions of the Directive 2008/99/ec of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law.

CRIMINAL LAW POLICY OF THE EU COUNTRIES IN THE FIELD OF COMBATING ENVIRONMENTAL CRIMES

2020 ◽  
Vol 10 (6) ◽  
pp. 42-48
Author(s):  
Milena IGNATOVA ◽  
Keyword(s):  
Environmental Protection ◽  
Criminal Law ◽  
Criminal Policy ◽  
European Parliament ◽  
Significant Degree ◽  
Environmental Crisis ◽  
Eu Countries ◽  
Criminal Legislation ◽  
The Eu ◽  
Environmental Crimes

The purpose of this article is to identify the main trends of development of criminal legal policy of EU countries in the field of combating crimes against the environment in the context of growing global environmental crisis and the development of consumer society the example of France, Germany, Spain and Italy, the features of statutory regulation of the characteristics of environmental crimes and prescribe the penalties in the legislation of the countries under consideration. The relevance of the problem under study is due to a significant degree of public danger of environmental crimes, their high latency, and therefore the fight against encroachments on the environment is recognized as one of the priority areas of the criminal policy of the EU countries. Criminal legislation plays a crucial role in the system of legal norms for countering environmental crimes. Conclusions. Despite the legal integration of EU countries in the field of environmental protection and the adoption of the Directive of the European Parliament and of the Council of 19.11.2008, which imposes obligations on member States to introduce certain elements of criminal acts into national legislation, the constitutional and criminal law norms of individual States do not differ in a uniform approach to environmental protection. However, the legislative regulations of the European Parliament have influenced the reform of criminal legislation in a number of countries in the direction of increasing responsibility for environmental crimes and introducing special chapters in the criminal codes that combine criminal acts that infringe on natural objects. The importance of the natural environment, flora and fauna as independent objects of criminal law protection is underestimated, so the severity of criminal repression depends on such a sign as causing harm to human health and life by environmental offenses.

Extended Confiscation of a Material Benefit in Polish Criminal Law

2017 ◽  
Vol 71 (0) ◽  
pp. 0-0
Author(s):  
Krzysztof Szczucki
Keyword(s):  
European Union ◽  
Criminal Law ◽  
European Parliament ◽  
Criminal Code ◽  
The European Union ◽  
Lower Chamber ◽  
Proceeds Of Crime ◽  
The Law ◽  
Draft Bill

On 23 March 2017 the Sejm (the lower chamber of the Polish Parliament) passed the Act on Amending the Criminal Code and Numerous Other Acts23. In the reasons appended to the draft bill it was asserted that the law intended “to introduce into Polish substantive, executive and procedural criminal law amendments with a view to enhancing the effectiveness of mechanisms employed to deprive offenders of the benefits they accrued as a result of committing a crime”. This paper sets out to present a construction of Article 45 of the Polish Criminal Code as amended and to assess the correctness of the amendment, particularly in the context of the Polish Constitution and the Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union.

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