Tagged: book review

POMFR: EU Criminal Law after Lisbon

By Joost Huysmans

EU Criminal Law after Lisbon. Rights, Trust and the Transformation of Justice in Europe, by Valsamis Mitsilegas, Oxford and Portland, Oregon, 2016, 295 p.

This monograph examines the impact of the entry into force of the Treaty of Lisbon on EU criminal law. By focussing on key areas of criminal law and procedure, the book assesses the extent to which the entry into force of the Lisbon Treaty has transformed European criminal justice and evaluates the impact of post-Lisbon legislation on national criminal justice systems.

After a very short first introductory chapter presenting the objective and the scope of the monograph, the second chapter – which is in effect the first substantive chapter – sketches the general changes the Lisbon treaty has brought about for the competence of the EU in the field of criminal law, which it characterises as the ‘constitutionalisation of EU criminal law’. The chapter however also discusses the few remaining reminiscences to the former third pillar and argues that these can be traced back to fears of some member states during the Lisbon Treaty discussions of a loss of legal diversity of their criminal justice systems. The chapter also focusses on the post-Lisbon legal basis debate in the field of criminal law, by critically analysing the Kadi II (C‑584/10 P, C‑593/10 P and C‑595/10 P) case-law of the ECJ. It discusses the principle of subsidiarity in the context of EU criminal law and analyses the specific positions of the United Kingdom, Ireland and Denmark as well as the problems these specific positions entail for the effective application and coherence of EU criminal law. Continue reading

POMFR: Challenges in the Field of Economic and Financial Crime in Europe and the US

By Katrien Verhesschen

Katalin Ligeti, Vanessa Franssen (eds), Challenges in the Field of Economic and Financial Crime in Europe and the US (Hart Publishing, Oxford, 2017)

“A European ‘fraud hunter’ is beneficial for taxpayers”, “Fraud costs 100 euros per EU citizen” (own translations). As these examples of newspaper headlines demonstrate, economic and financial crimes are ‘hot topics’. Newspaper articles report on fraud cases on an almost daily basis. Economic and financial criminal law is a constantly evolving field of law, not only within states but also at the level of the EU, as is demonstrated by the recently adopted Council Regulation on the European Public Prosecutor’s Office. However, the globalisation and interconnectedness of financial markets, the digitalisation of our daily lives and the particularities of economic and financial crime pose considerable challenges to legislators and law enforcement trying to tackle these types of crime. The recently published ‘Challenges in the Field of Economic and Financial Crime in Europe and the US’ gives ‒ as its title suggests ‒ an interesting and at times eye-opening description of several of these challenges. Continue reading

Well Into the Third Act: The Way Forward on Public Access to EU Documents

By Maarten Hillebrandt

  Public Access to Documents in the EU, by Leonor Rossi and Patricia Vinagre e Silva, (Oxford/Portland, Hart Publishing, 2017, ISBN 9781509905331); xxxviii + 340pp.; £49.00 hb.

Access to EU Documents: A Policy in Three Acts

On 7 February, the EU celebrated a remarkable anniversary. Exactly twenty-five years ago on that day, the Heads of State and Government (HSG) of the European Community’s then twelve Member States took the bold leap forward by signing the Maastricht Treaty. Another leap forward lay tucked away in one of the Treaty’s accompanying texts, even when the Member States’ representatives did not realise it at the time of signing. Declaration 17, attached to the Maastricht Treaty, recognised the positive relation between transparency and democracy, and professed an intention to take steps to advance such transparency. Thus began the First Act of a transformative development called Access to Documents.

In the years that followed, much ground was covered. Under the pressure of public opinion, the declaration turned out to have more bite than the HSG had envisaged. In an attempt to defuse the crisis that emerged after the Danish rejection and French near-rejection of the Maastricht Treaty, Declaration 17 went from a European Council statement to a Commission report, and from a Commission report into a code of conduct, which eventually led to internal decisions on access to documents adopted successively by the Council (1993), the Commission (1993) and the European Parliament (1997). Less than two years after a hortatory political declaration in a footnote of a treaty, EU access to documents thus entered into its Second Act. Continue reading

POMFR: The developing regulatory framework of Foreign Direct Investment in the EU

By Govert Coppens

Philip Strik, Shaping the Single European Market in the Field of Foreign Direct Investment, Hart Publishing 2014, 318 pages, ISBN 978-1-84946-5-427.

The place of foreign direct investment (‘FDI’) within the European Union’s legal framework is a topical issue among scholars and practitioners of European law and of international dispute settlement. This monograph explores the issues arising within the internal market and those that have come up in the European Union’s and the Member States’ individual external economic relations. It looks at the various aspects of FDI regulation, analysing the admission, treatment and protection of direct investments in the EU.

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