Between 2011 and 2014, the Vatican City State (VCS) experienced a reform process which dramatically changed its financial system. The process is still ongoing, and its goal is to establish an anti-money laundering and counter-terrorism financing (AML/CTF) system. Importantly, this system will be based on the AML/CTF EU legislation and international standards. These facts are noteworthy. First, the reforms cast light on the main Vatican financial institutions against the background of the secrecy that has always characterized their functioning and business operations. Accordingly, there is now more transparency and information about the Vatican financial system. Second, the relevant EU law and international standards are tools through which the VCS can, for the first time, join an international network of countries, sharing and applying the same rules against money laundering (ML) and terrorist financing (TF). This is of extraordinary importance for a jurisdiction like the VCS, which has never referred to European or international principles in its rule-making. In particular, the openness to EU law and international standards stimulates investigating the reasons behind these changes and the impact that these sources of law are having on a jurisdiction regarded as ‘unique’ in the world. |
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Sir William Dale Annual Memorial LectureIs Legislation Literature? |
Journal | European Journal of Law Reform, Issue 3 2015 |
Authors | Sir Geoffrey Bowman |
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Financial Crime Prevention and ControlThe Reforms of a ‘Unique’ Jurisdiction under EU Law and International Standards |
Journal | European Journal of Law Reform, Issue 4 2015 |
Keywords | Vatican financial system, money laundering, terrorist financing, 3rd AMLD, FATF Recommendations |
Authors | Francesco De Pascalis |
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Corruption and Controls |
Journal | European Journal of Law Reform, Issue 4 2015 |
Keywords | corruption, controls, inspections, administration, regulation |
Authors | Maria De Benedetto |
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Anti-corruption is a relatively recent policy which calls for controls. They represent the most effective means in rebalancing institutions which are not fully informed: ‘secrecy’, in fact, characterizes infringements and corrupt behaviour. |
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Commonalities in the English Tort and French Criminal Wrong of Defamation |
Journal | European Journal of Law Reform, Issue 4 2015 |
Keywords | defamation, tort, crime, comparative, path dependence |
Authors | Mathilde Groppo |
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This article considers the extent to which the nature of the regulation – tortious or criminal – influences the substantive content of the rules in England and France. It argues that the English and French regulatory features are the result of path dependence. Consequently, while they have led to substantive differences, they do not prevent the emergence of a shared approach to the wrong. |
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Can Imprisonment Be Cheaper? The Case for Private Prisons |
Journal | European Journal of Law Reform, Issue 4 2015 |
Keywords | costs, criminal law, law and economics, private prisons, privatization |
Authors | Elena Kantorowicz-Reznichenko |
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Custody is the most expensive method of punishment in the Western world, as compared to other alternatives. Although expensive, prison is an indispensible instrument to deal with judgement proof or dangerous offenders. Hence, by using the law and economics approach, this article explores prison privatization as an instrument for less expensive incarceration. This method has the potential to reduce the prison costs without hampering its quality. However, a restructuring of the current contracts is needed to achieve this purpose. The attention given to the topic of private prisons by the law and economics scholars, especially in the European context, is limited, and this article attempts to fill this gap. The present article applies arguments from the bureaucracy and political science literature to explain the inefficiencies of public prisons. Subsequently, the potential problems of private prisons are presented through the principle-agent model and solutions are offered. |
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The Court Is the Political Arena: Performance and Political Narratives at the International Criminal Court |
Journal | African Journal of International Criminal Justice, Issue 2 2015 |
Keywords | Côte d’Ivoire, Laurent Gbagbo, trial, performance, narratives |
Authors | Oumar Ba |
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This article explores the politics of international criminal justice and argues that the International Criminal Court is a lieu of staged performance where actors deploy their political narratives. Using the Situation in the Republic of Côte d’Ivoire before the ICC and focusing on the pre-trial phase, I contend that the defendants Laurent Gbagbo and Charles Blé Goudé project a performance and deploy political narratives that are the extension of the politics of the Ivorian crisis, which make the Court the quintessential arena where domestic and international politics cohabit with law and rules of procedure. |
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Journal | Erasmus Law Review, Issue 4 2015 |
Keywords | Israel, austerity, civil procedure, simplified procedures, small claims |
Authors | Ehud Brosh |
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Israel was spared the worst of the world financial crisis of 2008-2009. However, austerity concerns are by no means invisible in the developments in the field of civil procedure. These concerns correlate heavily with the long-standing Israeli preoccupation with ‘speeding up’ justice. An array of simplified procedural tracks, aimed at addressing the perceived inadequacy of ‘standard’ procedure, have been developed in Israel over the years. The importance of simplified procedures in the Israeli system cannot be overestimated. Their development illustrates the dialectical tension between the values of ‘efficiency’ and ‘quality’ in the administration of justice. During periods of austerity, the scales are easily (or easier) tipped in favour of efficiency and general or particular simplification of procedure. In times of prosperity, on the other hand, concerns over ‘quality’, access to justice, and truth discovery predominate, and attempts at promoting efficiency and/or simplification at their expense tend to be bogged down. Such attempts also tend to lose their extrinsic legitimacy and are widely viewed as ‘cutting corners’. This is evident in the recent Israeli experience with civil procedure reform. |
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Journal | Erasmus Law Review, Issue 4 2015 |
Keywords | Belgium, small matters, simple matters, recovery of unchallenged claims, summary order for payment |
Authors | Stefaan Voet |
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This article is based on a national report that was written for the XVth World Congress of the International Association of Procedural Law that was held in Istanbul in May 2015 and that focused on Effective Judicial Relief and Remedies in an Age of Austerity. It first of all sketches the general judicial context in Belgium and some of its relevant features: the judicial organisation, the goals of the civil justice system, the course of an ordinary civil lawsuit, the role of the court, and the litigation costs. Next, a detailed and critical overview of the current and future procedures that offer relief in small and simple matters is given. The current summary order for payment procedure, which was introduced in 1967, did not meet its goals. The article concludes that a new trend is emerging in Belgium, namely keeping small and unchallenged claims outside the judiciary and providing for cheaper and more efficient alternatives. |
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Journal | The Dovenschmidt Quarterly, Issue 2 2015 |
Keywords | corporate governance, integrity, legal strategies, Goldman Sachs |
Authors | B.T.M. Steins Bisschop |
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The faring of Goldman Sachs during the financial crisis of 2008 is discussed against the background of legal instruments that were employed to avoid its failure. This discussion leads to the conclusion that in this case, the limits of classical legal instruments were reached. To further good corporate governance, the legal relevance of the term ‘integrity’ is explored. It is concluded that the legal term of integrity is used universally in corporate governance codes, but is not operational and therefore not enforceable. An attempt is made to redefine this general principle into a more operational term. This is tested in the case of Goldman Sachs’ executive Jon Winkelried. It is assumed that he has violated the standard of integrity but also that there were no enforceable legal means to sanction his behaviour. The conclusion is that the more operational interpretation of the term integrity could, in this case, have resulted in an enforceable legal instrument to sanction behaviour that is contrary to the norm of integrity. This operational term of integrity could aid in the debate on furthering good corporate governance through enforceable legal strategies. |
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Journal | The Dovenschmidt Quarterly, Issue 2 2015 |
Keywords | EU law harmonisation, single member private companies, Proposed SUP Directive, European ‘trade mark’ |
Authors | Stephan Rammeloo |
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Stimulating business throughout the Single Market, not in the least for Small- and Medium-Sized Enterprises (SMEs), is one of the key priorities of the EU’s ten-year growth strategy, ‘Europe 2020’. One of the strategies to achieve this goal is the recently developed legal concept of a ‘European trademark’ for single member private limited liability companies duly established under the laws of any EU Member State and complying with preconditions required by a draft Proposal for a Directive on the Societas Unius Personae (SUP). The 2015 Compromising text, having replaced the initial 2014 Draft for a Directive requires to be analysed in view of its ‘scope’ (functional and geographical reach). Furthermore, attention is given to matters of formation and ‘long distance’ registration, share capital, internal organization and functioning of company organs, the functioning of SUP’s as stand alone companies or SUP’s embedded in company group or chain structures. Critical observations inter alia focus on relinquished provisions on the SUP’s seat as well as the powers of SUP organs and on ‘national law’ creeping in the Proposed Directive more and more at the cost of legal certainty and legal coherence between EU law instruments relevant to private limited liability companies. |
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The Definition of the Right to Privacy in the United States of America and Europe |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2015 |
Authors | Veronika Szeghalmi |
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The Case of X.Y. v. Hungary – A Judgment of the European Court of Human Rights on Pre-Trial Detention |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2015 |
Authors | Eszter Kirs and Balázs M. Tóth |
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When Environmental Protection Meets Human Rights – In the Wake of the Prestige |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2015 |
Authors | Aniko Raisz and Eszter Lilla Seres |
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The Development of the International Human Rights Law with Specific Regard to the European Human Rights System |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2015 |
Authors | Elisabeth Kardos Kaponyi |
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