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Legal professional privilege and the EU’s fight against money laundering

By Jan Komárek

Abstract

Analyses the European Court of Justice ruling in Ordre des Barreaux Francophones et Germanophone v Conseil des Ministres (C-305/05) on the extent to which the obligations to co-operate with authorities in relation to money laundering, placed on lawyers by Directive 91/308, were compatible with legal professional privilege. Outlines the scope of the privilege under UK and EC law and of Directive 91/308. Criticises the reference to the Court and the Court's ruling. Compares the ruling with the Advocate General's opinion in the matter. Speculates on the implications of the ruling for UK law

Topics: K Law (General), JN Political institutions (Europe)
Publisher: Sweet & Maxwell
Year: 2008
OAI identifier: oai:eprints.lse.ac.uk:29315
Provided by: LSE Research Online
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