Criminal and administrative procedures in protecting the financial interests of the EU

• Autores: Gianluca Dianese, Dimo Grozdev
• Localización: Eucrim: the European Criminal Law Associations' fórum, ISSN 1862-6947, Nº. 4, 2022 (Ejemplar dedicado a: Dynamic Relation between Criminal Law and Administrative/Civil Law), págs. 279-282
• Idioma: inglés
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• Resumen

  • This article argues that, with the establishment of the EPPO, the European Union intended to pursue, through the integration of procedural powers vested within the EPPO and OLAF, the creation of an “end-to-end” prosecution cycle that is able to seek both criminal penalties and administrative/financial sanctions, such as asset forfeiture and the restoration of damages caused by violations and misuse of EU funds. The authors reach the conclusion that this newly established holistic approach for the prosecution of administrative violations and criminal activities increases the effectiveness of the work of all EU bodies in tackling crime, securing punishments for the criminal perpetrators, and increasing the possibility for the misappropriated funds to be recovered.

    The article further stresses that, for the purposes of a proper investigation, administrative and criminal investigative work can often overlap. Therefore, it is of utmost importance to ensure coordination between all investigative bodies. In this context, the article also underlines the mechanism of “complimentary investigation”, which was introduced by the Working Arrangement between the EPPO and OLAF. It ensures the ability of both institutions to address fundamental parts of the process in order to effectively protect the EU’s financial interests.