Effective Enforcement of Sanctions for Market Abuse in the EU: Introduction of Criminal Sanctions
pages 105 - 121
ABSTRACT:

Effective enforcement of the legal framework on market abuse in the EU requires that sanctions available to the competent authorities are effective, proportionate and dissuasive. However, sanctioning regimes based on administrative sanctions are regarded as generally weak. The European Commission considers that introduction of criminal sanctions for market abuse could be a solution. This work deals with the introduction of criminal sanctions for market abuse in the EU. It is divided into four sections. The first section introduces the current legislative framework to tackle market abuse at the level of the EU. Subsequently, the second section points out the weak enforcement of sanctions for market abuse. The third section answers the question as to why the EU does act through criminal law. A final fourth section deals with the introduction of criminal sanctions for market abuse in light of a Proposal for a Directive on criminal sanctions for insider dealing and market manipulation.

keywords
Market Abuse
Insider Dealing
Market Manipulation
Market Abuse Directive
Weak Enforcement of Sanctions
Introduction of Criminal Sanctions
Proposal for a Directive on Criminal Sanctions for Insider Dealing and Market Manipulation
about the authors

JUDr. Libor Klimek graduated from the Faculty of Law, Bratislava College of Law in 2010. He then became a PhD studen at the Faculty of Law, Pan European University, Bratislava (formerly known as Bratislava College of Law). He is the author of several publications, domestic as well as foreign. All his research work, papers and publications are focused solely on the international and European aspects of Criminal Law.

e-mail: libor.klimek@yahoo.com