Dear Readers, The development of European law shows a constant proliferation of legal sources and a rising phenomenon of reciprocal assimilation between sets of norms of various origins (Union law and law from conventional sources, e.g. the Council of Europe) − especially in recent years. Their mutual “interference” and interdependence have contributed to the extension of the catalogue of fundamental rights and their protection requirements. This implies for the judge to apply national law not only in compliance with European Union legislation but also in the light of the case law of the European Court of Justice (ECJ) and the… Read more

Dear Readers, As we approach the end of 2020, we cannot but acknowledge the importance of dialogue with experts. In the field of EU criminal justice, the Commission has always relied strongly on exchanges with experts. The prominent Corpus Juris project of just such a group of experts led by Prof. Delmas-Marty at the end of the 1990s was devoted to the protection of the financial interests of the European Community and included a proposal for a European Public Prosecutor’s Office (EPPO). This groundwork bore fruit. – A true European Prosecution Office, which should soon start its activities in Luxembourg,… Read more

The special coronavirus recovery fund of the EU is to provide €750 billion for the years 2021 – 2023. In addition, the new EU multi-annual financial framework will amount to €1074 billion, including significant amounts earmarked for corona aid and other subsidies. Considering additionally that national and regional budgets also provide for similar aid, there will ultimately be an unprecedented increase in subsidies and thus a huge potential booty for criminals. A considerable number of corona subsidy fraud cases have already shown up in the Member States, including fake websites and phishing mails seeking to redirect corona aid to criminals’… Read more

Dear Readers, Several anniversaries were recently celebrated in relation to the EU, in general, and to the Area of Freedom, Security and Justice (ASFJ), in particular: 60 years since the signature of the Treaty of Rome, 20 years since the enactment of the principle of mutual recognition, 10 years since the entry into force of the Treaty of Lisbon. The dynamic European landscape is giving rise to an increasing number of actors and instruments in judicial cooperation in criminal matters, with undeniable repercussions for the Member States. This can be seen not only from a legal/judicial perspective but also from… Read more

Dear Readers, 20 years ago, the European Council gave Justice and Home Affairs policy an unprecedented boost by setting out an ambitious agenda to simplify judicial cooperation and to enhance criminal justice across the Union. The Tampere Programme has led to many successful initiatives. I intend to continue this work. In her Mission letter the President von der Leyen has assigned me an immensely stimulating task: “to focus on the pursuit of social justice in its broadest sense, from the rule of law to crime prevention, judicial cooperation and consumer protection.” I want first to ensure that new ground-breaking legal… Read more

Dear Readers, Cross-border cooperation between prosecuting authorities in Europe can still be a challenging effort in 2019. Within the EU, in spite of the many improved tools available to prosecutors, such as the European Investigation Order, cooperation is still very much a matter of the willingness and readiness of the requested country to cooperate and of the allocation of resources. In fact, the EU’s legal framework in this field is still based on the decision of the requested (judicial or prosecuting) authority to execute the requested activity, even when fundamental rights are not at stake. The basics of the legal… Read more