White-collar crime and European Financial Crises: getting tough on EU Market abuse

• Autores: Esther Herlin Karnell
• Localización: European law review, ISSN 0307-5400, Nº 4, 2012, págs. 481-494
• Idioma: inglés
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• Resumen

  • The proposed Directive on criminal law sanctions against insider dealing and market manipulation (referred to as market abuse) offers the first test case of the boundaries of the new criminal law competence provision of art.83(2) TFEU. The proposed Directive is accompanied by a proposal for a Regulation, based on art.114 TFEU, which also aims to fight market abuse albeit by the use of administrative sanctions. This contribution considers the feasibility of the current EU regime against market abuse and thereby discusses the legal basis of the proposed instruments as well as delicate questions raised by these measures.