UNION LEGAL FRAMEWORK ON COMBATING FRAUDS AGAINST THE FINANCIAL INTERESTS OF THE EUROPEAN UNION
Keywords:
Fraud, financial interests, union funds, active corruption, passive corruption.Abstract
Illegal activities that affect the financial interests of the European Union are, in most cases, transnational, being committed by criminal groups that know the legislative vulnerabilities of some Member States. An efficient fight against these types of illicit actions cannot be achieved only by a regulation and implementation at national level, in other words by the presence of national criminal legislation but by a harmonization of criminal laws in the field, respectively by a common definition at the union level, and implicitly by the creation of the appropriate legal framework regarding the offenses directed against the financial interests of the European Union. Thus, the need arose for the common definition of the offenses directed against the financial interests of the European Union, as well as the creation of a similar sanctioning system at the level of the Member States.
The provisions of the Directive 2017/1371 on combating fraud directed against the financial interests of the Union by means of criminal law are in accordance with the Union law in the field deduced from the analysis, so the Union norm establishes minimum rules regarding the definition of crimes and sanctions regarding the fight against fraud and other illegal activities which affect the financial interests of the European Union.
References
Convention drawn up pursuant to Article K3 of the Treaty on European Union on the protection of the financial interests of the European Communities
Directive (EU) 2017/1371 of the Parliament and of the Council of 5 July 2017 on combating fraud directed against the financial interests of the Union by means of criminal law
Directive 2014/42 / EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instruments and proceeds of offenses committed in the European Union (OJ L 127, 29.4.2014)
Framework Decision 2008/841/ JHA of 24 October 2008 on combating organized crime (OJ L 300, 11.11.2008)
H.G. no. 1065/2001 regarding the approval of the national program for the prevention of corruption and the national action plan against corruption (M.Of. no. 728 of November 15, 2001)
H.G. no.583 / 2016 regarding the approval of the national anticorruption strategy for the period 2016-2020 (M.Of. no. 644 from August 23, 2016)
Law no. 78 of May 8, 2000, updated in 2016, for the prevention, discovery and sanctioning of corruption facts
