Table of Contents

Research Handbook on EU Criminal Law

Research Handbook on EU Criminal Law

Research Handbooks in European Law series

Edited by Valsamis Mitsilegas, Maria Bergström and Theodore Konstadinides

EU criminal law is one of the fastest evolving, but also challenging, policy areas and fields of law. This Handbook provides a comprehensive and advanced analysis of EU criminal law as a structurally and constitutionally unique policy area and field of research. With contributions from leading experts, focusing on their respective fields of research, the book is preoccupied with defining cross-border or ‘Euro-crimes’, while allowing Member States to sanction criminal behaviour through mutual cooperation. It contains a web of institutions, agencies, and external liaisons, which ensure the protection of EU citizens from serious crime, while protecting the fundamental rights of suspects and criminals.

Chapter 16: Money laundering

Maria Bergström

Subjects: law - academic, criminal law and justice, european law

Abstract

Since the choice of legal basis must be guided by objective factors which are amenable to judicial review, including, in particular, the aim and content of the measure, this suggests that specific proposals for criminal AML legislation were not predominant in the now strengthened European AML framework. With a strict legal basis analysis as a starting point, this chapter analyses the current EU AML framework both from an historical and contextual point of view, thereby aiming to provide a nuanced picture of the current EU AML framework and its particulars. The result includes not only an overview of the current regulatory framework, but also highlights certain specifics such as the involvement of private actors and related potential problems from a procedural and fundamental rights point of view. Possibly, criminal EU AML legislation based on Article 83(1) TFEU might follow to complement the current legislative framework.

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