Article (Scientific journals)
The (Criminal) Liability of Legal Persons and Heads of Business: Strenghts and Weaknesses of the European Union's Approach
Ligeti, Katalin; Giuffrida, Fabio
2020In Revue Pénale Luxembourgeoise, (5), p. 2-22
Peer reviewed
 

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Keywords :
corporate liability; heads of business; European Union; corporate criminal liability; legal persons
Abstract :
[en] 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.
Disciplines :
Criminal law & procedure
Author, co-author :
Ligeti, Katalin ;  University of Luxembourg > Faculty of Law, Economics and Finance (FDEF)
Giuffrida, Fabio ;  University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit
External co-authors :
no
Language :
English
Title :
The (Criminal) Liability of Legal Persons and Heads of Business: Strenghts and Weaknesses of the European Union's Approach
Publication date :
2020
Journal title :
Revue Pénale Luxembourgeoise
Issue :
5
Pages :
2-22
Peer reviewed :
Peer reviewed
Focus Area :
Law / European Law
Available on ORBilu :
since 02 June 2020

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