The new AML framework consists of two legal instruments both based on Article 114 TFEU on the internal market: the Fourth AML Directive 2015/849 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, and Regulation 2015/857 on information accompanying transfers of funds.
Under the new AML framework, the Member States will still have the freedom to choose the applicable penalties, i.e. administrative, criminal or a combination of two. In contrast, any measure based on Article 83(1) TFEU will leave no such freedom to the Member States. However, the resulting penalties must all comply with the Charter and be effective, proportionate and dissuasive.
With a strict legal basis analysis as a starting point, this chapter has analysed the current EU AML framework from both a historical and contextual point of view, thereby providing a nuanced picture of the current EU AML framework and its particulars. This has not only included an overview of the current regulatory framework, but also highlighted certain specific issues, such as the involvement of private actors and related potential problems from a procedural and fundamental rights point of view.
(Money laundering în Research Handbook on EU Criminal Law, ed. Edward Elgar, 2016, la p. 342 și p. 354)