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See detailThe (Criminal) Liability of Legal Persons and Heads of Business: Strenghts and Weaknesses of the European Union's Approach
Ligeti, Katalin UL; Giuffrida, Fabio UL

in Revue Pénale Luxembourgeoise (2020), (5), 2-22

This article aims to analyse the current EU legal framework on the (criminal) liability of legal persons and heads of business, and discuss its strengths and weaknesses. The first section provides some ... [more ▼]

This article aims to analyse the current EU legal framework on the (criminal) liability of legal persons and heads of business, and discuss its strengths and weaknesses. The first section provides some introductory remarks on a recent cross-cutting trend in EU law, which affects both corporate and individual liability, namely the increasing blurring of boundaries between administrative and criminal law in the enforcement of financial and economic policy. The analysis then shifts to the EU rules on corporate (criminal) liability, before briefly discussing whether, in EU legislation, the attribution of liability to legal persons is accompanied by recognition of their procedural rights. Finally, this contribution examines the criminal liability of heads of business, by focusing on the field of the protection of the Union’s financial interests, which represents a useful case study to discuss the current EU approach. [less ▲]

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See detailIntroduction
Ligeti, Katalin UL; Antunes, Maria João; Giuffrida, Fabio UL

in Ligeti, Katalin; Antunes, Maria João; Giuffrida, Fabio (Eds.) The European Public Prosecutor’s Office at Launch. Adapting National Systems, Transforming EU Criminal Law (2020)

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See detailThe European Public Prosecutor’s Office at Launch. Adapting National Systems, Transforming EU Criminal Law
Ligeti, Katalin UL; Antunes, Maria João; Giuffrida, Fabio UL

Book published by Wolters Kluwer - CEDAM (2020)

In November 2017, Council Regulation (EU) 2017/1939 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘EPPO’) entered into force. The EPPO is a new body of ... [more ▼]

In November 2017, Council Regulation (EU) 2017/1939 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘EPPO’) entered into force. The EPPO is a new body of the European Union that will investigate and prosecute perpetrators of criminal offences affecting the financial interests of the Union. Being the first EU authority to exercise direct powers vis-à-vis individuals in the field of criminal law, the EPPO represents a paradigm shift in the EU criminal justice field and requires several amendments of national legislation. The Member States that take part in the EPPO enhanced cooperation are currently in the process of implementing the Regulation in order to make their criminal justice systems compatible with its provisions, and allow the EPPO to carry out its activities once the Office will be up and running. Building on the Symposium that took place in Coimbra on 29–30 March 2017, which was co-organised by the European Criminal Law Academic Network (ECLAN) and the Instituto Jurídico of the Law Faculty of the University of Coimbra, this book offers a comprehensive overview of crucial aspects of this ambitious and debated EU initiative, in both its European and national dimensions. It aims to analyse key issues related to the functioning and legitimacy of the EPPO from a European perspective, such as EPPO independence and material competence, judicial review of its acts, and protection of fundamental rights in the framework of EPPO proceedings. At the same time, it also represents the first publication that, in the wake of the Regulation’s adoption, discusses the challenges that the implementation of this EU legal instrument is currently raising in some Member States, namely Austria, Finland, Germany, Lithuania, Luxembourg, and the Netherlands. [less ▲]

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See detailIntroduction
Giuffrida, Fabio UL; Ligeti, Katalin UL

Report (2019)

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See detailLuxembourg
Ligeti, Katalin UL; Giuffrida, Fabio UL

Report (2019)

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See detailPolicy Recommendations
Ligeti, Katalin UL; Giuffrida, Fabio UL

Report (2019)

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