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The European Criminal Law Associations' Forum 2012 /1 eucrim 2012 /1 THE EUROPEAN CRIMINAL LAW ASSOCIATIONS‘ FORUM Focus: Corruption and Fraud Dossier particulier: Corruption et fraude Schwerpunktthema: Korruption und Betrug Monitoring International Instruments against Corruption Lorenzo Salazar The Reform of the EU’s Anti-Corruption Mechanism Alexandre Met-Domestici, Ph D. Criminal Law in European Countries: Combating Manipulation of Sports Results – Match-fixing Carlo Chiaromonte The European Union and the UN Convention against Corruption Martin Příborský Unjustified Set-Off as a Criminal Offence in Italian Tax Law Enrico Mastrogiacomo Administrative and Criminal Sanctions in Polish Law Dr. Agnieszka Serzysko 2012 / 1 ISSUE / ÉDITION / AUSGABE Contents News* Articles European Union Corruption and Fraud Foundations 14 Victim Protection 20 Monitoring International Instruments 2 The Stockholm Programme 14 Freezing of Assets against Corruption – Any Need for Better 3 Enlargement of the EU Coordination…? 3 Schengen Cooperation Lorenzo Salazar 14 Police Cooperation Institutions 15 European Investigation Order 25 The Reform of the EU’s Anti-Corruption 4 Council of the EU 15 Transfer of Sentenced Persons Mechanism 4 European Parliament 15 Criminal Records Alexandre Met-Domestici, Ph D. 5 OLAF 15 Law Enforcement Cooperation 5 Europol 30 Criminal Law in European Countries: 5 Eurojust Combating Manipulation of Sports Results 7 Agency for Fundamental Rights – Match-fixing (FRA) Carlo Chiaromonte Specific Areas of Crime / Council of Europe 34 The European Union and the UN Conven- Substantive Criminal Law tion against Corruption 7 Corruption Martin Příborský 8 Market Abuse Foundations 8 Counterfeiting & Piracy 16 Reform of the European Court 38 Unjustified Set-Off as a Criminal Offence 9 Organised Crime of Human Rights in Italian Tax Law 10 Cybercrime 17 Other Human Rights Issues Enrico Mastrogiacomo 11 Environmental Crime 11 Illegal Online Gambling Specific Areas of Crime 42 Administrative and Criminal Sanctions 11 Illegal Migration 17 Corruption in Polish Law 12 Sexual Violence 17 Money Laundering Dr. Agnieszka Serzysko Procedural Criminal Law Procedural Criminal Law 12 Procedural Safeguards 13 Data Protection Legislation Imprint * News contain internet links referring to more detailed information. These links can be easily accessed either by clicking on the respective ID-number of the desired link in the online-journal or – for print version readers – by accessing our webpage www.mpicc.de/eucrim/search.php and then entering the ID-number of the link in the search form. Editorial Dear Readers, In 2009, the Group of States against Corruption (GRECO) – particularly welcomed the the Council of Europe’s body responsible for monitoring the invitation from the European implementation of the anti-corruption instruments of the or- Council to the Commission to ganisation, including the Criminal and Civil Law Conventions submit a report on the modali- on Corruption and three “soft law” instruments – celebrated ties for the Union to accede to its tenth anniversary. Three evaluation rounds have so far been GRECO. completed. A fourth round is being launched in 2012, which will focus on corruption in the judiciary and in parliaments. This report is now on the ta- Over the last decade, most of the 49 GRECO Member States ble. It is one of four compo- have done much to improve their laws, institutions, and work- nents of the so-called “anti- ing methods to prevent and combat corruption as well as to corruption package” adopted raise awareness about the impact of corruption on the rule of by the European Commission law and the democratic functioning of institutions. However, a on 6 June 2011. Another com- Marin Mrčela number of important challenges still lie ahead of us. ponent is the Commission’s decision to establish an EU anti-corruption reporting mecha- One of them is the EU’s participation in GRECO’s work, nism, designed to produce a monitoring report every two years particularly for the future of the anti-corruption movement – starting in 2013 – on EU Member States’ efforts in the fight in Europe and beyond (accession to the Council of Europe’s against corruption and including recommendations; it is in- anti-corruption instruments and participation in GRECO are tended to make use of the GRECO acquis. Full membership not limited to Member States of the Council of Europe). Par- is one of the options discussed in the report. In this regard, the ticipation in GRECO (which is provided for in its statute) was Commission pledges to request the Council to authorise the also outlined as a key element of EU anti-corruption policy in opening of negotiations for the EU’s participation in GRECO. a Communication of 2003; different possibilities for partici- pation were explored, bearing in mind the legal competences I anticipate that this request will be made soon and that the of the EU under the Treaty on the European Union and the European Council will give the necessary go-ahead for a Treaty establishing the European Community. Given the lim- meaningful cooperation framework. One of the key questions ited Community competence at that time with regard to the will likely be whether the EU will be treated like an “ordi- above-mentioned Council of Europe conventions, there was nary” GRECO member or not. As stated in the preamble of little progress in this area until the adoption of the Lisbon GRECO’s statute, “full membership of GRECO should be re- Treaty (December 2007). Furthermore, a Memorandum of Un- served to those which participate without restrictions in mu- derstanding was concluded, in May 2007, between the Council tual evaluation procedures and accept to be evaluated through of Europe and the EU, stipulating that legal cooperation cov- them.” At its 50th plenary session in March 2011, GRECO also ering the rule of law (including the fight against corruption) made clear that, from the start, the EU’s participation should should be further developed to ensure coherence between EU be construed in such a way as to leave the door open for future law and Council of Europe conventions. The Treaty on the evaluation of EU institutions. GRECO’s statute certainly al- Functioning of the European Union (TFEU) provides for more lows for the design of specific arrangements, as appropriate. streamlined EU competence on anti-corruption and paves the way for participation in GRECO’s work. The 2010 Stockholm Programme was therefore well received by GRECO, which Marin Mrčela formally expressed its willingness to contribute to the devel- Judge at the Supreme Court of the Republic of Croatia opment of a comprehensive EU anti-corruption policy and President of the Group of States against Corruption eucrim 1 / 2012 | 1 News Actualités / Kurzmeldungen The main finding of the survey is that economic and financial crises are viewed as the main challenge to national and EU security. Terrorism, organised crime, and poverty are listed as other possible threats. When it comes to national secu- rity, the proportion of respondents iden- European Union* tifying these challenges as threats varies Reported by Dr. Els De Busser, Cornelia Riehle and Claudia Kurpjuweit significantly from state to state. Cyber- crime is perceived by respondents as the challenge most likely to increase in the next three years. Another important finding was that Foundations ropol, the Commission has outlined the about half of Europeans believe that the state of EU internal security. In the same EU is doing enough to tackle terrorism, report, the Commission also lists clear organised crime, natural and manmade The Stockholm Programme and concrete plans for 2012, including: disasters, cybercrime, and border secu- Adopting a Communication on a Eu- rity, while four out of ten disagree. Also, First Report on Implementation ropean Information Exchange Model; half of the respondents think that their of Internal Security Strategy Adopting a package on confiscation country is doing enough to respond to On 25 November 2011, the first annual and recovery of criminal assets; these challenges. As for cooperation with report on the implementation of the EU Proposing options for further third states in dealing with internal securi- Internal Security Strategy (see eucrim strengthening of transport security, in ty, the US was mentioned most, followed 1/2011, p. 2) was presented by the Com- particular land transport issues; by Russia, China, and Turkey. (EDB) mission. Adopted in November 2010, Developing an EU strategy for Inter- eucrim ID=1201002 the Internal Security Strategy outlined net security five EU policy objectives for the period Making suggestions to improve the Proposal for Establishing the Internal 2010-2014: coordination of border checks. (EDB) Security Fund Disrupting international criminal net- eucrim ID=1201001 On 15 November 2011, the Commis- works; sion presented a proposal for creation of Preventing terrorism and addressing Perception of Internal Security the Internal Security Fund (COM(2011) radicalisation and recruitment; Alongside the first report on the im- 753 final) as planned in the Stockholm Raising the levels of security for citi- plementation of the Internal Security Programme of 2009 (see eucrim 4/2009, zens and businesses in cyberspace; Strategy, the Eurobarometer report on pp. 122-213). This fund is part of a two- Strengthening security through bor- internal security was also published in fund structure for future expenditure in der management; November 2011. The Eurobarometer is the area of home affairs. Increasing Europe’s resilience to cri- the collection of regular surveys that the The fund should support the im- ses and disasters. Commission carries out in order to gain plementation of the Internal Security The report is the first of a number of a perspective on the public’s views. In Strategy (see eucrim 1/2011, p. 2). This annual assessments that the Commission this case, a special survey was conduct- makes regarding the steps taken to trans- ed among 26,840 citizens (aged 15 and * If not stated otherwise, the news reported in the late these objectives into concrete meas- above) in all Member States on national following sections cover the period November 2011– ures.
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