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 ▲]

Policy Recommendations

Report (2019)

Introduction

Report (2019)

Preventing and Resolving Conflicts of Jurisdiction in EU Criminal Law

Book published by Oxford University Press (2018)

Toward a Prosecutor for the European Union. Vol. 2: Draft Rules of procedure

Book published by Hart Publishing (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)

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 ▲]

White Collar Crime. A Comparative Perspective

Book published by Hart Publishing (2018)

White Collar Crime. A Comparative Perspective

Book published by Hart Publishing (2018)

White collar crime has expanded significantly over the course of the past two decades. Yet, not only as the amount of national and international legislation in the field grown, but it has also endured ... [more ▼]

White collar crime has expanded significantly over the course of the past two decades. Yet, not only as the amount of national and international legislation in the field grown, but it has also endured changes driving it away from the classic criminal law. These trends have been reflected in changes to national legislation, not infrequently prompted by supranational law, for example, in the financial or the environmental sector. New punishing regimes have emerged, such as UN blacklisting, smart sanctions, civil asset forfeiture, financial supervisory powers, compliance law, and anti-money laundering laws. Furthermore, the role of administrative sanctioning law has been growing as well as the role of private actors in the enforcement of punitive sanctions. The aim of this volume is to examine how various national criminal justice systems across Europe deal with the aforementioned challenges. In the first part, it takes a closer look at the following national systems: France, Germany, Poland and Sweden. Furthermore, it compares the European approach with the American one as a source of inspiration for unresolved difficulties and future developments. Further still, the authors explore those challenging issues regarding the field of economic and financial crime, including the Senior Managers Regime, corporate criminal liability, and whistle-blowers' protection. Timely and pertinent, this is an important new work in a fast-moving field. [less ▲]

Cross-border access to electronic evidence: Policy and legislative challenges

in Carrera, Sergio; Mitsilegas, Valsamis (Eds.) Constitutionalising the Security Union: Effectiveness, rule of law and rights in countering terrorism and crime (2017)