Research Handbooks in European Law series
Edited by Valsamis Mitsilegas, Maria Bergström and Theodore Konstadinides
Chapter 16: Money laundering
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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