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News found: 2083 of 2083
European Chief Prosecutor: Slovakia May No Longer Effectively Protect EU’s Financial Interests
On 18 December 2023, European Chief Prosecutor Laura Codruța Kövesi sent a letter to the European Commission in which she pointed to several worrying amendments in the Slovak legislation that affect the rule of law as basis for the protection of the EU’s financial interests. … Read more
Thomas Wahl
EU
Rule of Law
European Public Prosectutor's Office (EPPO)
Fifth SIRIUS Report
The 2023 SIRIUS EU Electronic Evidence Situation Report, jointly published by Europol, Eurojust, and the European Judicial Network, shed light on the cross-border investigations involving electronic evidence within the European Union from the perspective of law enforcement, the judiciary and service providers. Read more
Cornelia Riehle LL.M.
EU
Europol
Eurojust
European Judicial Network (EJN)
e-Evidence
Law Enforcement Cooperation
Spotlight ECJ Ruling on the Exercise of Judicial Review in EPPO’s Cross-Border Investigations
On 21 December 2023, the Grand Chamber of the Court of Justice of the European Union (ECJ) delivered its judgment in Case C-281/22 (G.K. and Others [parquet européen]). In this first judgment on the interpretation of Regulation 2017/1939, the ECJ examined the extent of judicial review in cross-border investigation by the European Public Prosecutor's Office. This news item summarises and comments on the judgment. Read more
EU
European Public Prosectutor's Office (EPPO)
Judicial Cooperation
New FRA Director Appointed
On its meeting of 14 and 15 December 2023, the FRA Management Board appointed Ms Sirpa Rautio as the next FRA Director. Ms Sirpa Rautio has served many years in international and regional human rights organisations such as the UN, the Council of Europe, the … Read more
Agency for Fundamental Rights (FRA)
Hungary: Rule-of-Law Developments May 2023 - Mid-January 2024
This news item continues the overview of concerning rule-of-law developments in Hungary, including their implications on the protection of the EU budget. It covers the period from the end of May 2023 to mid-January 2024. It follows up the overview in eucrim 1-2023/, 5-6. Read more
EU
Rule of Law
Rule of Law Developments in Poland: Mid October 2023 - Mid January 2024
This news item continues the overview of the rule-of-law developments in Poland (as far they relate to European law issues) from 16 October 2023 to mid-January 2024. They follow up the overview in eucrim 2/2023, 111-113. Read more
EU
Rule of Law
EU Reactions to Russian War against Ukraine: Overview October 2023 – January 2024
This news item continues the reporting on key EU reactions following the Russian invasion of Ukraine with regards tothe impact of the invasion on the EU’s internal security policy, criminal law, and the protection of the EU’s financial interests. It cover the period from the beginning of October 2023 to the end of January 2024. Read more
Dr. Anna Pingen
EU
Area of Freedom, Security and Justice
Ukraine conflict
Protection of Financial Interests
General Court Judgments on Anti-War Sanctions
This news item provides an overview of recent judgments by the General Court on actions brought against the EU's sanction regime against Russia. Read more
EU
Fundamental Rights
Ukraine conflict
Enhancing the EU's Rule of Law Framework: Evaluation of the Council's Annual Dialogue Mechanism
On 12 December 2023, the Council reviewed its annual rule of law dialogue: a commitment by EU Member States to uphold and strengthen the rule of law as a foundational value of the EU. The dialogue is a structured political exercise aimed at evaluating the … Read more
EU
Rule of Law
Council
ECJ Clarifies GDPR Administrative Fines
In its judgments of 5 December 2023 in Case C-683/21 (Nacionalinis visuomenės sveikatos centras) and Case C-807/21 (Deutsche Wohnen), the ECJ clarified several aspects of the General Data Protection Regulation (GDPR) regarding administrative fines for data protection infringements. It follows that … Read more
EU
Data Protection
EPPO and France's Treasury Cooperate in Fraud Against the RRF
On 17 January 2024, the EPPO and France's Treasury, together with its Interministerial Anti-Fraud Coordination Mission (MICAF), signed a Working Arrangement to foster the detection of fraud involving the Resilience and Recovery Facility (RRF). In France, the implementation of the National Recovery and Resilience Plan … Read more
EU
European Public Prosectutor's Office (EPPO)
Protection of Financial Interests
Spotlight AG: EncroChat Data Can, in Principle, Be Used in Criminal Proceedings
On 26 October 2023, Advocate General (AG) Tamara Ćapeta released her opinion on the reference for a preliminary ruling with regard to the EncroChat case. In the case at issue, the Regional Court of Berlin, Germany, asked several questions as to the lawfulness of … Read more
EU
European Investigation Order
Law Enforcement Cooperation
Council: Assessment of Follow-Up to the Conference on the Future of Europe
On 7 December 2023, the General Secretariat of the Council published its assessment on the follow-up to the Conference on the Future of Europe, which concluded on 9 May 2022 (→ eucrim 2/2022, 84-85). It provided an updated assessment on the follow-up, specifically the … Read more
EU
Reform of the European Union
ECJ: Deficiencies in Fair Trial Protection Can Block Recognition of Custodial Sentence
If there are deficiencies in the rule of law, which have an impact on the concrete criminal decision, not only extradition but also the execution of a prison sentence can be refused. This was decided by the ECJ on 9 November 2023 upon a referral by the Regional Court of Aachen (Germany). Read more
EU
Fundamental Rights
Transfer of Sentenced Persons
AG: Decision Granting Refugee Status Not Binding for Extradition
A Member State is not bound by the decision of another Member State regarding the recognition of refugee status within the meaning of the Geneva Refugee Convention. This is the view taken by Advocate General (AG) Jean Richard de la Tour in his Opinion of 19 October 2023 in Case C-352/22 referred by the Higher Regional Court of Hamm, Germany. Read more
EU
Judicial Cooperation
Spotlight ECJ: Public Prosecutor's Order to Discontinue Proceedings due to Lack of Evidence Triggers ne bis in idem Rule
In its judgment in Terhelt5, the ECJ concluded that the public prosecutor's decision in one EU Member State to close criminal proceedings against a suspect due to lack of sufficient evidence can trigger the ne bis in idem principle. The judgment includes several clarifications on the condition whether a decision can be considered "finally disposed of" within the meaning of Art. 54 CISA/Art. 50 CFR. Read more
EU
Ne bis in idem