Autor: Georgiana TUDOR

Publicat în: Journal Of Eastern European Criminal Law no. 2/2017

Revistă disponibilăaici.

Abstract: At European level, since 1976 – the year of the first draft for a Treaty amending the founding treaties in this respect –, till now – when Directive (EU) 2017/1371 of the European Parliament and of the Council on the fight against fraud to the Union’s financial interests by means of criminal law was adopted (after five years of negotiations) –, the legislative process aimed at protecting the European Union financial interests is a long and difficult one. In Romania, distinct criminalization of fraud affecting the European Union’s financial interests, in Articles 18^1-18^3 of Law no 78/2000, according to the definition of criminal offences from Article 1 of the “old” Convention on the protection of the European Communities’ financial interests, makes the relevant national legislation comply with the minimum requirements of the above mentioned Directive. Attempting to harmonize in this area, however, has multiple implications for national legislation and, at the same time, for judicial practice in criminal matters.

Keywords: harmonization; criminal law; European criminal law; financial interests; European Union.