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European White-Collar CrimeExploring the Nature of European Realities$
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Nicholas Lord, Éva Inzelt, Wim Huisman, and Rita Faria

Print publication date: 2021

Print ISBN-13: 9781529212327

Published to Policy Press Scholarship Online: January 2022

DOI: 10.1332/policypress/9781529212327.001.0001

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PRINTED FROM POLICY PRESS SCHOLARSHIP ONLINE (www.policypress.universitypressscholarship.com). (c) Copyright Policy Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in PPSO for personal use.date: 30 June 2022

Identifying ‘Europeanness’ in European White-Collar Crime: The Case Study of Criminal Responses to ‘Market Abuse’

Identifying ‘Europeanness’ in European White-Collar Crime: The Case Study of Criminal Responses to ‘Market Abuse’

(p.75) 5 Identifying ‘Europeanness’ in European White-Collar Crime: The Case Study of Criminal Responses to ‘Market Abuse’
European White-Collar Crime

Sarah Wilson

Policy Press

This essay explores the value of identifying Europeaness in understandings of white-collar crime through reference to key European policy relating to unlawful behaviours which are termed ‘market abuse’. Most proximately ‘market abuse’ is a term of European capital markets law, but the behaviours underpinning it – insider dealing and market manipulation- are commonly to be found identified with the terminology of ‘financial crime’ and ‘white collar crime’; and across key discourses in academic scholarship, practitioner interest, and policymaking. The analysis considers how such ideas of substantive activity and rhetoric can be joined in different ways, and directed towards evaluating the feasibility of identifying Europeaness in conceptualisations of white-collar crime, and the benefits which might accrue from this. In doing so, utmost significance is attached to how behaviours termed ‘market abuse’ by European discourse demonstrate European commitment to the use of criminal responses for behaviour which is considered unacceptable. In focusing this on the policy of EU institutions, particular attention is paid to European Commission reflections on new market abuse legislation proposed in 2011.

Keywords:   White-collar crime, Market Abuse, European Union, European Commission, Financial crime

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