Admissibility of OLAF Final Reports as Evidence in Criminal Proceedings

Report (2019)

Policy Recommendations

Report (2019)

Punitive Liability of Heads of Business in the EU: A Comparative Study

Book published by Wolters Kluwer - CEDAM (2019)

In the aftermath of the financial crisis, the individual liability of senior managers has been rediscovered as an important element in effectively countering economic and financial crime. Mainstream ... [more ▼]

In the aftermath of the financial crisis, the individual liability of senior managers has been rediscovered as an important element in effectively countering economic and financial crime. Mainstream enforcement practices against white-collar crime in recent years, focusing mostly on the legal entity or the low- and mid-level employees, have been largely unsuccessful. The punishment of large corporations for economic offences has indeed been confronted with the “too big to jail” dilemma, and with concerns for the negative spillovers that their collapse may entail for employees, shareholders and consumers. The individual “rogue employee”, on the other hand, may be fungible and easily sacrificed as a scapegoat. The recent debate has therefore brought back to centre-stage the individual liability of senior managers, which is essential to close any “responsibility gap”. But are the ordinary rules of criminal law fit and adequate to hold senior managers accountable? This volume, presenting the findings of a study led by the University of Luxembourg and co-financed by the European Anti-Fraud Office (OLAF), aims to contribute to this debate with a special focus on the liability of senior managers for the commission of offences against the financial interests of the EU. It compares the criminal liability regimes for senior managers in five Member States (Finland, France, Germany, The Netherlands and Poland) and delivers a set of policy recommendations for establishing the liability of senior managers in compliance with the general principles of criminal law and respect for fundamental rights. [less ▲]

Luxembourg

Report (2019)

The Organised Crime-Terrorism Nexus: How to Address the Issue of Isis Benefitting from Lucrative Criminal Activities?

E-print/Working paper (2018)

EU 'Horizontal' Report

in Vervaele, John; Simonato, Michele; Luchtman, Michiel (Eds.) Exchange of information with EU and national enforcement authorities. Improving OLAF legislative framework through a comparison with other EU authorities (ECN/ESMA/ECB) (2018)

Fundamental rights protection between Strasbourg and Luxembourg: Extending Transnational ne bis in idem Across Administrative and Criminal Procedures

in Ligeti, Katalin; Robinson, Gavin; ELI (European Law Institute) (Eds.) Preventing and Resolving Conflicts of Jurisdiction in EU Criminal Law (2018)

This chapter analyses the conceptual roots of extended ne bis in idem protection and, in particular, how the concept of ‘criminal charge’ developed by the ECtHR impacts the interpretative outcomes of the ... [more ▼]

This chapter analyses the conceptual roots of extended ne bis in idem protection and, in particular, how the concept of ‘criminal charge’ developed by the ECtHR impacts the interpretative outcomes of the CJEU and the ECtHR respectively. The chapter will then present the specific case law of the two Courts on extended ne bis in idem, including the latest developments, and will offer an assessment of the consequences of this jurisprudence for transnational cases in the Area of Freedom, Security and Justice (AFSJ). In particular, the transnational application of extended ne bis in idem requires a reconceptualisation and rethinking of the legal framework for preventing and resolving conflicts of criminal jurisdiction in the AFSJ. [less ▲]

Challenges and Trends in Enforcing Economic and Financial Crime: Criminal Law and Alternatives in Europe and the US

in Ligeti, Katalin; Tosza, Stanislaw (Eds.) White Collar Crime. A Comparative Perspective (2018)

This chapter by Katalin Ligeti and Stanislaw Tosza provides a synthesis of the main findings of the book edited by the two authors (White Collar Crime. A Comparative Perspective, Hart Publishing, 2018 ... [more ▼]

This chapter by Katalin Ligeti and Stanislaw Tosza provides a synthesis of the main findings of the book edited by the two authors (White Collar Crime. A Comparative Perspective, Hart Publishing, 2018). The chapter first presents the challenges in investigating and prosecuting economic and financial crime (section II). The analysis of four national systems (France, Poland, Sweden, and the US) complemented by the information provided in the transversal chapters led to the identification of four major tendencies in the field in response to these challenges (section III): the swinging of enforcement strategies between prosecuting individuals or/and corporations (section III.A); the extension of punitive sanctions and the use of compliance programmes as punishment (section III.B); the extensive use of alternatives to criminal proceedings (section III.C); and the increased role of private actors in controlling economic and financial crime (section III.D). In section 4, these responses are scrutinised from the perspective of the human rights regime. [less ▲]

The Protection of the Procedural Rights of Persons Concerned by OLAF Administrative Investigations and the Admissibility of OLAF Final Reports as Criminal Evidence

Report (2017)

This paper provides an analysis of two crucial and interconnected aspects of the current legal framework on the investigations conducted by the European Anti-Fraud Office (OLAF): the procedural safeguards ... [more ▼]

This paper provides an analysis of two crucial and interconnected aspects of the current legal framework on the investigations conducted by the European Anti-Fraud Office (OLAF): the procedural safeguards for the individuals subject to the administrative investigations conducted by OLAF and the admissibility in evidence of OLAF Final Reports in national criminal proceedings. The state of the art and its shortcomings are analysed in the double perspective of the coherent protection of the EU’s financial interests and of the respect of fundamental rights provided by the EU Charter of Fundamental Rights. [less ▲]

Transversal Report on Judicial Protection

in Luchtman, Michiel; Vervaele, John (Eds.) Investigatory powers and procedural safeguards: Improving OLAF’s legislative framework through a comparison with other EU law enforcement authorities (ECN/ESMA/ECB) (2017)