Abstract
The comparative research in this work has been driven by two leading questions: (a) In the field of banking investigations, what is a balance between the need to fight crimes and that of protecting human fundamental rights which can be fairly accepted in a democratic society?, and (b) under this perspective, is the current legal framework in the EU adequate? If not, what can be done about it?
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Notes
- 1.
Cf. Sect. 2.1.
- 2.
And in the EU, in particular, the notion of “undertaking” established by Article 4(1)(1) CRR.
- 3.
Cf. Sect. 5.4.
- 4.
Cf. Sect. 6.1.1 for an analysis in light of the Basel Committee’s Core Principles.
- 5.
- 6.
Cf., especially in the EU, Sect. 6.1.3.
- 7.
- 8.
The analysis of the national regulations and different authorities acting in this field fall instead out of the remit of this work, cf. Sect. 6.2.
- 9.
Although not necessarily so well protected in case of procedures developed before the entry into force of the Charter, like antitrust proceedings. See Sect. 6.2.
- 10.
- 11.
- 12.
- 13.
Cf. Sect. 6.3.1.
- 14.
Cf. Sect. 6.3.6.
- 15.
Cf. Sect. 6.3.3.
- 16.
Cf. Sect. 4.4.1.
- 17.
Cf. Sect. 4.4.1, referring to the case of Article 4(3) SSM R.
- 18.
Cf. Sect. 6.3.3.
- 19.
- 20.
The critical situations arising under this profile in the SSM legal framework are analysed in Sect. 6.3.7.
- 21.
Cf. Sect. 7.3.
- 22.
- 23.
Cf. Sect. 8.2.
- 24.
Cf. Sect. 8.3.
- 25.
Cf. Sect. 8.2, sub 7).
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© 2019 Springer International Publishing Switzerland and G. Giappichelli Editore
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Lasagni, G. (2019). Conclusion. In: Banking Supervision and Criminal Investigation. Comparative, European and International Criminal Justice, vol 1. Springer, Cham. https://doi.org/10.1007/978-3-030-12161-7_9
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DOI: https://doi.org/10.1007/978-3-030-12161-7_9
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