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While Anti-Money Laundering instruments are ever increasing in
scope and complexity, policymakers have often lost sight of the
objectives pursued. As a consequence, legislation is, in many
cases, shaped by unrealistic political expectations and
inconsistent design. Against this backdrop, this book explains key
deficiencies of existing law and develops policy proposals to
enhance both effectiveness and respect for fundamental rights. To
this end, it thoroughly examines the interplay between criminal
justice, regulatory law and data protection rules in Germany,
Italy, Spain, Switzerland and the United Kingdom, and contrasts
these findings with the frameworks of the Financial Action Task
Force and of the European Union. The results of this collaborative
research project emphasise the need to approach Anti-Money
Laundering as a complex architecture that consists of numerous
diverse but highly interdependent areas of law. Reform debates must
therefore overcome a fragmented vision, in particular as regards
the shape of criminal proceedings, the function of Financial
Intelligence Units and supervisory authorities, the aims of private
sector involvement and the scope of public-private information
sharing. Only then does one learn from past mistakes and avoid
ill-conceived remedies that ultimately fail to adapt supranational
standards to the institutional and constitutional reality of
countries' domestic legal order.
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