Shedding light inside the black box of implementation: Tax crimes as a predicate crime for money laundering

Lucia Rossel*, Brigitte Unger, Joras Ferwerda

*Corresponding author for this work

Research output: Contribution to journalArticleAcademicpeer-review

Abstract

Even perfect transposition of EU Directives does not necessarily translate into homogeneous rules or application of rules across the European Union. Europeanization literature focused on the formal transposition of EU Directives. Newer studies suggest looking into the black box of how this translates into law in action. The 4th Anti-Money Laundering Directive incorporated taxes as a predicate crime for money laundering. We analyze how and why this Directive has been implemented so differently across EU countries both in the books and in action through a novel dataset. We find that country characteristics can explain formal transposition patterns and influence the domestic adaptation of regulation as well as how practitioners, the second front line of implementation, use these rules in action. We find that corruption, government effectiveness, regulatory quality, tax morale, and tax administrative capacity are important factors to explain lingering differences in the books and in action among EU Member States.

Original languageEnglish
Pages (from-to)781-800
JournalRegulation and Governance
Volume16
Issue number3
Early online date2021
DOIs
Publication statusPublished - Jul 2022

Bibliographical note

Funding Information:
This paper has been prepared in the Combatting Fiscal Fraud and Empowering Regulators (COFFERS) project. This project has received funding from the European Union's Horizon 2020 Research and Innovation Program under grant agreement No 727145.

Publisher Copyright:
© 2021 The Authors. Regulation & Governance published by John Wiley & Sons Australia, Ltd.

Funding

This paper has been prepared in the Combatting Fiscal Fraud and Empowering Regulators (COFFERS) project. This project has received funding from the European Union's Horizon 2020 Research and Innovation Program under grant agreement No 727145.

Keywords

  • europeanization
  • implementation
  • money laundering
  • tax crime
  • tax regulation

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