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PIF Directive: A Commentary on the Directive on the Fight against Fraud Affecting the EU's Financial Interests by Means of Criminal Law [Kõva köide]

This Commentary analyzes the provisions of Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud affecting the EUs financial interests by means of criminal law. Pierre Hauck provides a comprehensive and systematic evaluation of the Directive alongside a discussion of the failures of the EUs primary and secondary legislations to provide sufficient protection from fraud, and demonstrates the economic effects on the EUs budget.

Key Features:











Provides an up-to-date examination of essential fraud legislation within the EU Explores how Anglo-American legal traditions are incorporated into the interpretation of EU law Evaluates 30 years of case law and literature on the protection of the EUs financial interests Incorporates intended changes from 3 May 2023 due to the proposal for a directive on combating corruption Compares the legal situations of EU member states with the supranational EU level to identify any further need for legal implementation





The PIF Directive is an indispensable reference work for the many practitioners and academics within and across the 27 member states of the EU working on combating fraud, as well as in criminal, financial and economic law more broadly. Its practical insights will also greatly benefit EU commissioners, agencies, auditors, and prosecutors.

Arvustused

Professor Haucks Commentary represents a holistic approach to the jungle of legal acts and their often hard to understand norms. The works principal purpose is to give safe and systematic guidance for its sound interpretation and application, taking into account the historic and institutional background. To my knowledge, there is currently no other scientific publication available that offers such a precious and up-to-date support on this particular issue. It will soon become a frequently consulted guidebook and a major reference for all those that work as practitioners or academics with this particular body of norms. -- Sven Peterke, Federal University of Paraíba, Brazil This Commentary provides an exhaustive, scholarly, and practice-oriented analysis of the legal framework combating fraud against the financial interests of the European Union. This comprehensive work meticulously examines the PIF Directive (EU) 2017/1371, offering a systematic, article-by-article commentary enriched with comparative insights from all EU Member States, candidate countries, and key jurisdictions. With a dual focus on legal doctrine and practical enforcement, the book delves into critical issues such as jurisdictional challenges, VAT and tax fraud, corporate liability, sanctions, and asset recovery. It also addresses criminological dimensions, including emerging fraud typologies and the impact of digitalization on financial crime. An indispensable resource for practitioners, policymakers, and academics, this volume combines rigorous legal analysis with actionable recommendations, ensuring a nuanced understanding of anti-fraud mechanisms in the EU. Its timely examination of post-2020 developmentssuch as pandemic-related fund abuses and cross-border fraud schemesmakes it a vital reference for safeguarding the Unions financial integrity in an era of complex threats. -- Nikos Passas, Northeastern University, USA

Contents
Preface
TITLE I SUBJECT MATTER, DEFINITIONS
AND SCOPE
1 Subject matter
2 Definitions and scope
TITLE II CRIMINAL OFFENCES WITH REGARD
TO FRAUD AFFECTING THE UNIONS
FINANCIAL INTERESTS
3 Fraud affecting the Union's
financial interests
4 Other criminal offences affecting
the Unions financial interests
TITLE III GENERAL PROVISIONS RELATING TO
FRAUD AND OTHER CRIMINAL OFFENCES
AFFECTING THE UNIONS FINANCIAL
INTERESTS
5 Incitement, aiding and abetting, and
attempt
6 Liability of legal persons
7 Sanctions with regard to natural
persons
8 Aggravating circumstance
9 Sanctions with regard to legal
persons
10 Freezing and confiscation
11 Jurisdiction
12 Limitation periods for criminal
offences affecting the Unions
financial interests
13 Recovery
14 Interaction with other applicable
legal acts of the Union
TITLE IV FINAL PROVISIONS
15 Cooperation between the Member
States and the Commission (OLAF) and
other Union institutions, bodies,
offices or agencies
16 Replacement of the Convention on
the protection of the European
Communities financial interests
17 Transposition
18 Reporting and assessment
19 Entry into force
20 Addressees
Bibliography
Pierre Hauck, Professor of Criminal Law and Criminal Procedure Law, Justus-Liebig-University Giessen, Germany