European Papers (Oct 2018)
Directive (EU) 2017/1371 on the Fight Against Fraud to the Union's Financial Interests by Means of Criminal Law: A Missed Goal?
Abstract
(Series Information) European Papers - A Journal on Law and Integration, 2018 3(3), 1455-1469 | European Forum Insight of 22 October 2018 | (Table of Contents) I. Introduction. - II. Legislative background and choice of the legal basis. - III. Content of the Directive. - III.1. Offences affecting the financial interests of the Union falling within the scope of application of the PIF Directive. - III.2. Sanctions. - III.3. Limitation periods. - IV. PIF Directive and EPPO. - V. Conclusion. | (Abstract) This Insight analyses the so-called PIF Directive (i.e. Directive (EU) 2017/1371 of the European Parliament and the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law). The aim of the PIF Directive is to strengthen the protection of the financial interests of the Union and to counter fraud and other illegal activities affecting them, as required by Art. 325 TFEU. Given the diverging national criminal rules concerning fraud and other illegal activities affecting the financial interests of the Union and the unfair divergence of sanctions among Member States, the Directive seeks particularly to achieve this objective by harmonising the definitions, sanctions and prescription periods of the offences affecting the Union's financial interests. The PIF Directive is furthermore strictly intertwined with the Regulation establishing the European Public Prosecutor's Office ("EPPO"), as the latter's material competence is defined by reference to the PIF Directive. In this context, it seems therefore particularly important to assess whether the objectives which the Directive sought to achieve have been fulfilled. To this purpose, it is first briefly examined the legal background and the legal basis by virtue of which the Directive is adopted (II), its scope of application and content (III), as well as its repercussion on the competence of the EPPO (IV). Finally, in the conclusion, are summarised the findings of the analysis.
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