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The system of law enforcement within the European Union is based on so-called “indirect enforcement”. This means that Member States are, within certain binding EU preconditions, responsible for the enforcement of EC and EU law by means of criminal law, administrative law, etc. In order to realize the EU dimension of law enforcement, co-operation with other Member States is often necessary. This book focuses on the relationship between the two instruments for transnational co-operation in the field of evidence gathering, namely mutual assistance in administrative matters and mutual assistance in criminal matters. This volume not only contains an analysis of the relevant rules on transnational law enforcement co-operation, but also the results of a comparative study into the nature and organisation of national law enforcement in three States. The criminal and administrative enforcement of tax law (direct taxes) and conduct-of-business supervision in the financial markets in the Netherlands, Germany and Switzerland are used as case studies. Special attention is paid to banking secrecy. The book identifies to what extent mutual assistance in administrative matters and mutual assistance in criminal matters, as distinguishable concepts of co-operation, are in keeping with the nature and organisation of law, financial and criminal enforcement in the countries concerned. It concludes with recommendations for an alternative model of co-operation within the EU. These recommendations are viewed against the background of important developments within the European Union, including the conclusion of the Treaty of Lisbon, the introduction of mutual recognition as the dominant concept for criminal law enforcement co-operation and the scope of the EC influence on criminal law enforcement (first pillar).

Administrative law --- Criminal law. Criminal procedure --- European law --- Tax law --- Criminal justice, Administration of --- Criminal jurisdiction --- Droit européen --- Coopération européenne --- EEC / European Union - EU -Europese Unie - Union Européenne - UE --- 334.154.2 --- 347.730 --- 333.139.1 --- 333.139.2 --- -Administrative law --- -341.77094 --- Ud4.10 --- Ui5.2 --- Uh4.1 --- Administration --- Law, Administrative --- Public administration --- Public law --- Constitutional law --- Administration of criminal justice --- Justice, Administration of --- Crime --- Criminal law --- Criminals --- Financieel recht in de Europese Gemeenschappen. Verzekeringen. --- Financiële instellingen: algemeen. --- Instellingen voor kredietcontrole. Commissie voor het Bank-en financiewezen. CBFA. --- Bankcontrole en -reglementering. Reglementering van het bankberoep. --- Law and legislation --- Criminal justice [Administration of ] --- European Union countries --- Droit européen. --- Coopération européenne. --- 341.77094 --- Conflict of criminal jurisdiction --- Conflict of laws --- Criminal procedure --- Exterritorial crime --- Jurisdiction --- International criminal law --- Instellingen voor kredietcontrole. Commissie voor het Bank-en financiewezen. CBFA --- Bankcontrole en -reglementering. Reglementering van het bankberoep --- Financieel recht in de Europese Gemeenschappen. Verzekeringen --- Financiële instellingen: algemeen --- Criminal justice, Administration of - European Union countries --- Criminal jurisdiction - European Union countries --- Administrative law - European Union countries --- Droit européen. --- Coopération européenne.