Implementing and Enforcing EU Criminal Law

Abstract:

This book is the result of an academic project, funded by the Hercules Programme of the European Commission to study legislation dealing with crimes against the Financial Interest of the EU awarded to the Department of European and Comparative Law within the Faculty of Laws of the University of Malta. The study deals with the notion of criminal law at the European Union level as well as the relationship between the EU legal order and the national legal order.

The focus of the study is on the development of EU criminal legislation aimed at protecting the financial interests of the EU, with a focus on cybercrime, fraud and public spending. It starts with the current legal basis in the TFEU, followed by the development of EU legislation in the area as well as the legislation of relevant bodies, such as EPO, OLAF and EUROPOL. The study tackles how this legislation is being received by the national legal orders, whereby eleven EU Member States are selected based on size, geography and legal systems. These Member States are France, Ireland, Croatia, Estonia, Germany, Italy, Malta, Spain, Latvia, Greece and Poland.

A comparative study is made between those sections of EU criminal law dealing with the financial interests of the EU in these Member States to analyse the current legislation and propose future developments. The study, which is led by the editors based at the University of Malta, examines the subject from a European perspective. Besides the European perspective, the study focuses on national case-studies, followed by a comparative analysis.

Table of Contents:

• Introduction | Ivan Sammut & Jelena Agranovska
• 1 / EU Law and Criminal Law – The Legal Basis | Ivan Sammut
• 2 / An Open Method of Coordination (OMC) for European Criminal Law? | Ivan Sammut
• 3 / Crimes Against the Financial Interest of the EU | Ivan Sammut
• 4 / Inter-Agency Cooperation in the Protection of the EU’s Financial Interests | Chloé Brière
• 5 / Cybercrime in the EU with a Special Focus on Directive 2017/1371/EU – The Threats Posed by Cybercrime to the EU’s Financial Interest | Mireille Caruana & Shawn Borg
• 6 / Selected Case Studies: The Case Study of Germany | Marc Engelhart
• 7 / Selected Case Studies: The Case Study of Greece | Helen Xanthaki & Efstatios Vournos
• 8 / Selected Case Studies: The Case Study of Spain | Pablo Martín Rodríguez
• 9 / Selected Case Studies: The Case Study of Estonia | Jaan Ginter
• 10 / Selected Case Studies: The Case Study of France | Arceli Turmo
• 11 / Selected Case Studies: The Case Study of Ireland | Ruairi O’Neil
• 12 / Selected Case Studies: The Case Study of Croatia | Zlata Đurđević
• 13 / Selected Case Studies: The Case Study of Italy | Giovanni Grasso & Fabio Giufreddi
• 14 / Selected Case Studies: The Case Study of Latvia | Jelena Agranovska
• 15 / Selected Case Studies: The Case Study of Malta | Stefano Filletti
• 16 / Selected Case Studies: The Case Study of Poland | Celina Nowak
• 17 / Comparative Analysis | Ivan Sammut & Jelena Agranovska
• Conclusion | Ivan Sammut & Jelena Agranovska

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