European Cooperation Between Financial Supervisory Authorities Tax Authorities And Judicial Authorities

Author : Michiel Luchtman
Publisher :
ISBN 13 : 9789050958622
Total Pages : 0 pages
Book Rating : 4.21/5 ( download)

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Download or read book European Cooperation Between Financial Supervisory Authorities, Tax Authorities and Judicial Authorities written by Michiel Luchtman and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the occasion of the XVIIIth International Congress of Penal Law held in Istanbul (Turkey) in September 2009, Michiel Luchtman was awarded the prestigious 2009 Siracusa Prize for this book. The system of law enforcement within the European Union is based on so-called "indirect enforcement." This means that Member States are, within certain binding EU preconditions, responsible for the enforcement of EC and EU law by means of criminal law, administrative law, etc. In order to realize the EU dimension of law enforcement, co-operation with other Member States is often necessary. This book focuses on the relationship between the two instruments for transnational co-operation in the field of evidence gathering - namely, mutual assistance in administrative matters and mutual assistance in criminal matters. This volume not only contains an analysis of the relevant rules on transnational law enforcement co-operation, but also the results of a comparative study into the nature and organization of national law enforcement in three Member States. The criminal and administrative enforcement of tax law (direct taxes) and conduct-of-business supervision in the financial markets in the Netherlands, Germany, and Switzerland are used as case studies. Special attention is paid to banking secrecy. The book identifies to what extent mutual assistance in administrative matters and mutual assistance in criminal matters, as distinguishable concepts of co-operation, are in keeping with the nature and organization of law, financial, and criminal enforcement in the countries concerned. It concludes with recommendations for an alternative model of co-operation within the EU. These recommendations are viewed against the background of important developments within the EU, including the conclusion of the Treaty of Lisbon, the introduction of mutual recognition as the dominant concept for criminal law enforcement co-operation, and the scope of the EC influence on criminal law enforcement (first pillar).

Author : John A. E. Vervaele
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041117474
Total Pages : 314 pages
Book Rating : 4.72/5 ( download)

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Download or read book European Cooperation Between Tax, Customs and Judicial Authorities written by John A. E. Vervaele and published by Kluwer Law International B.V.. This book was released on 2002-01-01 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the cooperation between Member States of the European Union in their fight against fraud. Various mechanisms exist to detect, investigate and deal with fraud directed against the financial interests of the European Union. When Member States of the European Union require one another's assistance, they can basically resort to two forms of cooperation: cooperation in administrative matters and cooperation in criminal matters. A key question is therefore which form of cooperation they should choose in any given set of circumstances. A further question is whether either form of cooperation is exclusive. The survey examines and compares the law of four jurisdictions within the European Union: the Netherlands, Germany, France and England and Wales.

Author : Miroslava Scholten
Publisher : Edward Elgar Publishing
ISBN 13 : 1786434636
Total Pages : 416 pages
Book Rating : 4.30/5 ( download)

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Download or read book Law Enforcement by EU Authorities written by Miroslava Scholten and published by Edward Elgar Publishing. This book was released on 2017-11-24 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU law and governance have faced a new development – the proliferation of EU enforcement authorities, which have grown in number over the last 15 years. These entities, either acting alone or together with national enforcement authorities, have been investigating and sanctioning private actors on their compliance with EU law. Law Enforcement by EU Authorities investigates whether the system of control (in terms of both judicial and political accountability) has evolved to support the new system of law enforcement in the EU.

Author : J.L. De La Cuesta
Publisher : Maklu
ISBN 13 : 9046608093
Total Pages : 351 pages
Book Rating : 4.98/5 ( download)

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Download or read book The Protection of the environment through criminal Law written by J.L. De La Cuesta and published by Maklu. This book was released on 2017-02-02 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Continuing the AIDP’s tradition in examining how to improve the protection of the environment through criminal law, this volume addresses various challenges and scientific concerns in relation to environmental crime. It touches upon a range of topics, from biodiversity to corporate criminal liability to jurisdictional or prosecutorial problems, and explores multiple national and regional enforcement systems, drawing from best practices. It brings together key proceedings of the Second AIDP World Conference on the Protection of the Environment through Criminal Law (Bucharest, May 18-20, 2016) organised by the International Association of Penal Law (AIDP) in collaboration with the Romanian Association of Penal Sciences, the Legal Research Institute of the Romanian Academy of Sciences and the Ecological University of Bucharest.

Author : Michiel Luchtman
Publisher : Bloomsbury Publishing
ISBN 13 : 1509946489
Total Pages : 385 pages
Book Rating : 4.88/5 ( download)

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Download or read book EU Enforcement Authorities written by Michiel Luchtman and published by Bloomsbury Publishing. This book was released on 2023-02-23 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU enforcement authorities are on the rise, entrusted with investigating breaches of EU law by individuals and economic actors. What are the implications for legal practice of their increasing prominence? This book explores this pertinent question from a constitutional and comparative perspective. It sets out the perimeters for composite enforcement and explores the relevant issues such as the interface between criminal and administrative law enforcement, the protection of fundamental rights and legal protection, as well as the admissibility of evidence, including unlawfully obtained evidence. Given the very real implications of the authorities' investigations, this book will appeal to practitioners and scholars, in fields from criminal law to competition and banking law.

Author : Katalin Ligeti
Publisher : Bloomsbury Publishing
ISBN 13 : 1509908056
Total Pages : 403 pages
Book Rating : 4.59/5 ( download)

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Download or read book Challenges in the Field of Economic and Financial Crime in Europe and the US written by Katalin Ligeti and published by Bloomsbury Publishing. This book was released on 2017-02-23 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past few years, criminal justice systems have faced important global challenges in the field of economic and financial crime. The 2008 financial crisis revealed how strongly financial markets and economies are interconnected and illustrated that misconduct in the economic and financial sectors is often of a systemic nature, with wide-spread consequences for a large number of victims. The prevention, control and punishment of such crimes is thus confronted with a strong globalisation. Moreover, continuous technological evolutions and socio-economic developments make the distinction between socially desirable and undesirable behaviour more problematic. Besides, economic and financial misconduct is notoriously difficult to detect and investigate. In light of these challenges, legislators and law enforcers have been searching for adequate responses to combat economic and financial crime by adapting existing policies, norms and practices and by creating new enforcement mechanisms. The purpose of this volume is to analyse those challenges in the field of economic and financial crime from different perspectives, and to examine which particular solutions criminal justice systems across Europe give to those challenges. The volume has four parts. The first part focuses on a number of key questions with respect to substantive criminal law, whereas the second part will address issues affecting the administration of justice and criminal procedure. Part three then explores particular challenges concerning multi-agency cooperation and multi-disciplinary investigations. Finally, part four will concentrate on issues regarding shared or integrated enforcement models.

Author : Mikkel Jarle Christensen
Publisher : Routledge
ISBN 13 : 1351384627
Total Pages : 482 pages
Book Rating : 4.29/5 ( download)

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Download or read book International Practices of Criminal Justice written by Mikkel Jarle Christensen and published by Routledge. This book was released on 2017-11-06 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Practices of Criminal Justice: Social and Legal Perspectives examines the practitioners, practices, and institutions that are transforming the relationship between criminal justice and international governance. The book links two dimensions of international criminal justice, by analyzing the fields of international criminal law and international police cooperation. Although often thought of separately, each of these fields presents criminal justice as a governance method for resolving international challenges and crises. By focusing on examples from international criminal tribunals, transitional justice, transnational crime, and transnational policing and prosecution, the contributors to this collection all examine how criminal justice is unmoored from the state, while also attending to the struggles and challenges that emerge when criminal justice is used as a form of international action. International Practices of Criminal Justice: Social and Legal Perspectives breaks new ground in criminology, international legal studies and the sociology of law, and will be of interest to students, scholars, and practitioners across a wide array of fields in criminal justice, international law, and international governance.

Author : Christine Janssens
Publisher : OUP Oxford
ISBN 13 : 0191653896
Total Pages : 408 pages
Book Rating : 4.96/5 ( download)

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Download or read book The Principle of Mutual Recognition in EU Law written by Christine Janssens and published by OUP Oxford. This book was released on 2013-10-31 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the principle of mutual recognition in the EU legal order, this book takes a cross-policy approach to focus on the principle in the internal market and in the criminal justice area. It asks whether the principle of mutual recognition, as developed in relation to the free movement provisions (internal market), can equally be applied in judicial cooperation in criminal matters (the area of freedom, security, and justice), and if such a cross-policy application is desirable. Divided into three parts, the book first looks at the way this principle functions in the internal market. Part II examines how the principle works in judicial cooperation in criminal matters, with the final part answering the book's central questions. In each part, further related questions are asked: What is the object of the principle of mutual recognition? Who are the main actors involved? How does the mechanism of mutual recognition operate (with an emphasis on the existing limits to mutual recognition)? How does mutual recognition relate to harmonization and to mutual trust? What is the relevance of equivalence requirements and the distribution of competence between the home (issuing) State and the host (executing) State? What are the main characteristics of the principle of mutual recognition? And is it a workable principle? Through an in-depth analysis of the relevant Treaty provisions, EU legislation, EU case law, and EU policy documents, the book comes to the conclusion that a cross-policy application of the principle of mutual recognition is both feasible and desirable.

Author : Stanisław Tosza
Publisher : Springer Nature
ISBN 13 : 3030678024
Total Pages : 596 pages
Book Rating : 4.29/5 ( download)

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Download or read book Combatting Illicit Trade in Tobacco Products written by Stanisław Tosza and published by Springer Nature. This book was released on 2022-02-17 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the enforcement aspect of tobacco control policy, and argues that the intense regulation of the tobacco market will never be successful as long as it can be circumvented by the availability of illicit tobacco products. Yet, current efforts to combat illicit tobacco trade are insufficient, suffering from several flaws and gaps at the regulatory and operational levels. The aim of this book is to provide an analysis of the legal framework and practice of enforcement with regard to illicit tobacco products. Combining criminological and legal perspectives, it presents and critically analyses the phenomenon of illicit tobacco trade, as well as the policies, legal frameworks and practices in six EU countries with regard to combatting this phenomenon, assessing the strengths and weaknesses of their approaches. Furthermore, it studies the relationship between the EU and third countries (e.g. Ukraine) in terms of how the EU can influence policy and enforcement in these countries in order to counter illicit tobacco trafficking. Not exclusively focusing on the EU, the book also includes an analysis of enforcement against illicit tobacco products in the US. The EU Member States analysed in the book (Belgium, Germany, Italy, Latvia, the Netherlands and Poland) reflect the range of currently available approaches. Some of them have ratified the WHO Protocol against tobacco smuggling; others have not. They belong to different legal traditions and face different challenges due to their respective border situations. While Belgium and the Netherlands are key entry ports to the EU, Poland and Latvia represent the Eastern land border of the EU, with various regional challenges. Italy has a long maritime border, where trafficking is possible from Northern Africa and from the Middle East. It also has significant experience in fighting organised crime. Lastly, Germany is the largest market in Europe and situated in the middle of these trafficking routes.

Author : Rishi Goyal
Publisher : International Monetary Fund
ISBN 13 : 1475569823
Total Pages : 31 pages
Book Rating : 4.27/5 ( download)

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Download or read book A Banking Union for the Euro Area written by Rishi Goyal and published by International Monetary Fund. This book was released on 2013-02-12 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: The SDN elaborates the case for, and the design of, a banking union for the euro area. It discusses the benefits and costs of a banking union, presents a steady state view of the banking union, elaborates difficult transition issues, and briefly discusses broader EU issues. As such, it assesses current plans and provides advice. It is accompanied by three background technical notes that analyze in depth the various elements of the banking union: a single supervisory framework; a single resolution and common safety net; and urgent issues related to repair of weak banks in Europe.