Germany

Institution: Max Planck Institute for Foreign and International Criminal Law (MPICC)
Department: Criminal Law Department

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Article in eucrim

1. Die EU-Strafverfahrensrechtsrichtlinien vor deutschen Gerichten
   Published online 22 January 2019 // Published in printed Issue 1/2017 pp 50 – 52

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News in eucrim

1. Special Advisor Recommends New Strategy for EU Victims’ Rights
   Published online 19 June 2019
2. CJEU: German Public Prosecution Office is not a “Judicial Authority” in the EAW Context
   Published online 19 June 2019
3. NGO Sees Lack of Key Safeguards in Planned E-Evidence Legislation
   Published online 19 June 2019
4. CCBE Assesses U.S. CLOUD Act
   Published online 19 June 2019
5. CCBE Makes Recommendations on Future E-Evidence Scheme
   Published online 19 June 2019
6. Council Takes Position on Role of Legal Representatives in E-Evidence Cases
   Published online 19 June 2019
7. EDPS Gives Advice on Commission Mandate for EU-US E-Evidence Agreement
   Published online 19 June 2019
8. Further Concerns of EP Against E-Evidence Legislative Proposal
   Published online 19 April 2019
9. Lithuanian Prosecutor General Included in the Concept of “Judicial Authority” in the FD EAW
   Published online 19 June 2019
10. AG: New Examination of Victim of Crime Possible if Judges‘ Bench Changed
    Published online 19 June 2019
11. EP and Council Agree on Directive Protecting Whistleblowers
    Published online 19 June 2019
12. EDPS Criticises Commission Interoperability Plans by ETIAS
    Published online 19 June 2019
13. Retention of Telecommunications Data Continue to Be on the Text Bench
    Published online 19 June 2019
14. Collection of PNR Data Under Judicial Scrutiny in Germany
    Published online 17 June 2019
15. CJEU: EU Law Does Not Govern the Procedure for Reviewing Pre-Trial Detention Decisions
    Published online 17 June 2019
16. AG: Italian Rules Restricting Negotiated Settlements in Line with EU Law
    Published online 17 June 2019
17. EDPS Comments on Terrorist Content Online Regulation
    Published online 17 June 2019
18. EESC Opinion on Terrorist Content Online Regulation
    Published online 17 June 2019
19. EP Adopts Position on Proposed Regulation of Terrorist Content Online
    Published online 17 June 2019
20. ENISA Report on Cyberthreat Landscape
    Published online 17 June 2019
21. ECA Dissatisfied with EU’s Cybersecurity Performance
    Published online 17 June 2019
22. New Directive Criminalises Fraud and Counterfeiting of Non-Cash Means of Payment
    Published online 17 June 2019
23. Commission Presents New Anti-Fraud Strategy
    Published online 17 June 2019
24. Strengthening European Supervision on Anti-Money Laundering – EP and Council Agree
    Published online 17 June 2019
25. Directive on Better Law Enforcement Access to Financial Information on Way
    Published online 17 June 2019
26. EDPS Opinion Combating VAT Fraud Related to E-Commerce
    Published online 17 June 2019
27. Investment Fund Misuse in Romania
    Published online 17 June 2019
28. 2019 EU Justice Scoreboard: Downward Trend for Judicial Independence
    Published online 17 June 2019
29. Updated Rules on European Citizens’ Initiatives
    Published online 17 June 2019
30. EP-Studies on Algorithmic Decision-Making
    Published online 17 June 2019
31. Commission Takes Stock of Security Union Progress
    Published online 17 June 2019
32. CCBE: Recommendations on Protection of Fundamental Rights in “National Security” Context
    Published online 17 June 2019
33. European Citizens’ Initiative on Respect for the Rule of Law Admitted
    Published online 17 June 2019
34. AG: Polish Supreme Court Reform is Against EU Law
    Published online 17 June 2019
35. Commission Triggers Debate on Future EU Rule-of-Law Toolbox
    Published online 17 June 2019
36. Commission Launches Another In-fringement Procedure Against Poland
    Published online 17 June 2019
37. Global Decline in Rule-of-Law Performance
    Published online 17 June 2019
38. Romania to be Placed Under Rule-of-Law Monitoring
    Published online 17 June 2019
39. AG: Bulgaria Must Bring its Law in Line with EIO Directive
    Published online 4 June 2019
40. AG: Assessment Standards of Detention Conditions in EAW Cases
    Published online 4 June 2019
41. CJEU: Relationship Between Time Limits in the FD EAW and Surrender Detention
    Published online 4 June 2019
42. The Awakening of EU Data Retention Rules
    Published online 18 February 2019
43. CJEU Backs Police Access to Retained Data in Minor Offences
    Published online 16 January 2019
44. CJEU Interprets Refusal Ground of Trials in absentia in the Context of Revocation of Suspended Convictions
    Published online 6 June 2018
45. CJEU Sets Conditions for Surrender of Minors
    Published online 6 June 2018
46. International Operation Against Fake Shampoo
    Published online 19 April 2019
47. CJEU: Exclusion Rules on Unlawfully Obtained Evidence Precede Anti-Fraud Obligations
    Published online 19 April 2019
48. Commission Wants Mandate to Negotiate International Rules on E-Evidence
    Published online 19 April 2019
49. Council Conclusions on Customs Risk Management
    Published online 19 April 2019
50. EP Study: Possible EU Action Against Misuse of Interpol Red Notice System
    Published online 19 April 2019
51. Debate on Home Affairs Progress
    Published online 19 April 2019
52. CJEU: Executing MS May Impose Imprisonment for Non-Execution of Foreign Confiscation Order
    Published online 19 April 2019
53. Journalists Against Tiered Reporting Approach in Draft Whistleblowers Directive
    Published online 19 April 2019
54. Council Adopts Negotiating Position on Whistleblower Directive
    Published online 19 April 2019
55. "Freedom AND Security - Killing the zero sum process #kill0sum"
    Published online 19 April 2019
56. Commission: Code of Conduct with IT Companies to Tackle Hate Speech is Evolving Positively
    Published online 19 April 2019
57. DAV: Commission’s Plans to Remove Terrorist Content Online May Infringe Freedom of Expression
    Published online 19 April 2019
58. New Infringements Proceedings for Incorrect Transposition of 4th AML Directive
    Published online 19 April 2019
59. Council Opposes Commission’s AML Blacklisting of Third Countries
    Published online 19 April 2019
60. EP Generally Supports Link Between Non-Respect of Rule of Law and Loss of EU Money
    Published online 19 April 2019
61. ECA: Action Needed in the EU’s Fight against Fraud
    Published online 19 April 2019
62. Record Number of Legal Practitioner Trainings in 2017
    Published online 19 April 2019
63. Roadmap Proposed for New Decision-Making Procedure in EU Tax Policy
    Published online 8 April 2019
64. Current Legislative JHA Proposals
    Published online 8 April 2019
65. Brexit: UK Government Prepares No Deal Scenario
    Published online 8 April 2019
66. Endangered Lawyers – Hearing at the EP
    Published online 8 April 2019
67. New Special Representative for Human Rights
    Published online 8 April 2019
68. No Progress in Art. 7 TEU Procedure Against Poland and Hungary
    Published online 8 April 2019
69. EP: Strengthening Potential of Charter
    Published online 8 April 2019
70. EP: Step up Efforts to Effective Protection of Rule of Law and European Values
    Published online 8 April 2019
71. US CLOUD Act: EU Wants Executive Agreement with the U.S.
    Published online 18 February 2019
72. Civil Society Organisations Voice Concerns over Council Plans on E-Evidence
    Published online 18 February 2019
73. Council Pushes for E-Evidence Law, EP Applies the Brakes
    Published online 18 February 2019
74. Regulation on Freezing and Confiscation Orders
    Published online 18 February 2019
75. CJEU: Consequences of Failure to Refer to Additional Sentence in EAW
    Published online 18 February 2019
76. CJEU: Surrender of Resident if Executing State Unable to Enforce Custodial Sentence
    Published online 18 February 2019
77. CJEU: Obligations of MS if Extradition Sought to Enforce Custodial Sentence for Union Citizens
    Published online 18 February 2019
78. Council Conclusions on Mutual Recognition
    Published online 18 February 2019
79. New Data Protection Framework for EU Institutions
    Published online 18 February 2019
80. Council Shapes Rules on Fighting Terrorist Content Online
    Published online 18 February 2019
81. EP Tables Recommendations for New EU Strategy to Combat Terrorism
    Published online 18 February 2019
82. Council: Anti-Money Laundering Action Plan
    Published online 18 February 2019
83. ECA Opinion on Future Anti-Fraud Programme
    Published online 18 February 2019
84. New Action Plan Against Illicit Tobacco Trade
    Published online 18 February 2019
85. OAFCN Meeting at OLAF
    Published online 18 February 2019
86. ECA: Planned OLAF Reform Still Has Weaknesses
    Published online 18 February 2019
87. EP Wants Temporary Border Controls Kept to a Minimum
    Published online 18 February 2019
88. New Legal Framework for Schengen Information System
    Published online 18 February 2019
89. CJEU Confirms Interim Measures Against Polish Supreme Court Reform
    Published online 18 February 2019
90. CJEU Paves Way to Exit from Brexit
    Published online 18 February 2019
91. Commission’s E-Evidence Plans Under Fire
    Published online 16 January 2019
92. CCBE Makes Critical Statement on E-Evidence Proposal
    Published online 16 January 2019
93. EDPB Criticises E-Evidence Proposals
    Published online 16 January 2019
94. Improved Cooperation Tool Benefits Fight Against VAT Fraud
    Published online 16 January 2019
95. ECA Criticizes Delays in Building Up Modernized Customs IT Systems
    Published online 16 January 2019
96. Eurojust Updates Overview of CJEU’s Case Law on EAW
    Published online 16 January 2019
97. Fair Trial Violation: Amsterdam Court Refuses Surrender to Poland
    Published online 16 January 2019
98. EP Takes Position on Interoperability Legal Framework
    Published online 16 January 2019
99. German Bar Association Makes Critical Statement on Whistleblower Draft Directive
    Published online 16 January 2019
100. EP Committee Vote on Whistleblower Directive
     Published online 16 January 2019
101. Trade Union Organisation Calls For Robust Whistleblower Directive
     Published online 16 January 2019
102. EESC Opinion on Whistleblower Directive
     Published online 16 January 2019
103. ECA Issues Statement on Planned Whistleblower Directive
     Published online 16 January 2019
104. CJEU: EU Directive Does Not Cover Procedure For Reviewing the Lawfulness of Pre-Trial Detention
     Published online 16 January 2019
105. Annual Report on Counterfeit Seized Goods – 2017 Results
     Published online 16 January 2019
106. Statistics on Card Fraud in 2016
     Published online 16 January 2019
107. Commission Takes Action Against Italy and the UK for Illegal VAT Practices
     Published online 16 January 2019
108. Council Adopts Directive Allowing Generalised Temporary Reversal of VAT Liability
     Published online 16 January 2019
109. Further Infringement Proceedings for Non-Transposition of 4th AML Directive
     Published online 16 January 2019
110. Commission Urges Maltese Watchdog to Comply with EU’s AML Rules
     Published online 16 January 2019
111. New Regulation on Cash Controls
     Published online 16 January 2019
112. New Directive on Criminalisation of Money Laundering
     Published online 16 January 2019
113. ECA Presents 2017 Annual Report on EU Budget
     Published online 16 January 2019
114. Germany: Legislative Draft for Implementation of PIF Directive Tabled
     Published online 16 January 2019
115. eu-LISA: New Legal Basis – New Mandate
     Published online 16 January 2019
116. Brexit: Citizens Fail Before European Court
     Published online 16 January 2019
117. Positive Marks for Bulgaria in Judicial Reform and Fight Against Corruption
     Published online 16 January 2019
118. Commission Criticises Romania for Regression in Judicial Reforms and Fight Against Corruption
     Published online 16 January 2019
119. CJEU Stops Application of New Polish Law on Supreme Court Judges
     Published online 16 January 2019
120. EP: Time Is Ripe for a Comprehensive DRF Mechanism
     Published online 16 January 2019
121. CJEU: No Rehearing for Alleged Infringements of EU Fundamental Rights
     Published online 16 January 2019
122. 2017 PIF Report
     Published online 20 October 2018
123. COM Communication Extending EPPO Competence
     Published online 20 October 2018
124. Implementation Measures for EPPO Regulation
     Published online 20 October 2018
125. CEPS and QMUL Report Outlines UK-EU Cooperation in Criminal Justice and Police Matters after Brexit
     Published online 20 October 2018
126. Think Tank Considers Solutions for a Post-Brexit JHA Deal
     Published online 20 October 2018
127. 2018 EU Justice Scoreboard: Focus on Judicial Independence
     Published online 20 October 2018
128. Commission Proposes Legislative Framework for E-Evidence
     Published online 29 June 2018
129. German Bar Association Highly Critical of EU’s e-evidence Initiative
     Published online 20 October 2018
130. JHA Ministers’ Debate on e-Evidence Legislation
     Published online 20 October 2018
131. CJEU: Special Recognition Procedure Not in Line with EU Law
     Published online 20 October 2018
132. CJEU: Refusal of EAW in Case of Fair Trial Infringements Possible as Exception
     Published online 20 October 2018
133. German Court: Surrender of Catalan Leader Puigdemont Possible But No Serious Flight Risk
     Published online 22 June 2018
134. German Court Held Extradition of Catalan Leader Puigdemont Partly Inadmissable
     Published online 20 October 2018
135. CJEU Clarifies Position on Non-Surrender in Case of Poor Detention Conditions (“Aranyosi III”)
     Published online 20 October 2018
136. Higher Regional Court of Bremen Submits “Aranyosi III”
     Published online 22 June 2018
137. JHA Council Gives Guidance on Legislative Proposal for Interoperability
     Published online 6 June 2018
138. Council Ready to Start Negotiations on Interoperability Legal Framework
     Published online 20 October 2018
139. CJEU Ruling on Effective Prosecution of PIF Offences and Guarantee of Defence Rights
     Published online 20 October 2018
140. 5th Anti-Money Laundering Directive
     Published online 20 October 2018
141. ECA Criticizes Commission Plans on Loss of EU Money if Rule of Law is not Respected
     Published online 20 October 2018
142. European Travel Information and Authorisation System (ETIAS): Legislation Adopted
     Published online 20 October 2018
143. Commission Proposes New Justice, Rights and Values Fund
     Published online 20 October 2018
144. Commission Report on the Application of CFR in 2017
     Published online 20 October 2018
145. What Hinders EU Cooperation? Where Should the EU Take Action – Scientific Study Gives Answers
     Published online 20 October 2018
146. Council and EP Shape Regulation on Freezing and Confiscation Orders
     Published online 20 October 2018
147. EP Calls for Strict Implementation of Victims’ Protection Directive
     Published online 20 October 2018
148. Council Conclusions on Proctection of Victims of Terrorism
     Published online 20 October 2018
149. ECA: Commission To Better Measure Effectiveness of EU Action Against Radicalisation
     Published online 20 October 2018
150. Commission Wants Binding EU Rules to Fight Terrorist Content Online
     Published online 20 October 2018
151. Council Conclusions: Better Use of SIS Against Foreign Terrorist Fighters
     Published online 20 October 2018
152. Home Affairs Ministers Assess 2014-2017 European Policy Cycle for Organised Crime
     Published online 20 October 2018
153. Lowest Level of Counterfeit Euro Banknotes since 2015
     Published online 20 October 2018
154. Tax Fraud and Evasion: New Standard Provision for Third-Country Agreements
     Published online 20 October 2018
155. Commission Sets Out Plans for Better Supervision in Fight Against Money Laundering
     Published online 20 October 2018
156. Commission Proposes New Anti-Money Laundering Supervision Mechanism
     Published online 20 October 2018
157. EU Member States Reluctant to Transpose 4th Anti-Money Laundering Directive
     Published online 20 October 2018
158. Commission Registers European Citizens' Initiative “Stop fraud and abuse of EU funds”
     Published online 20 October 2018
159. Commission Plans to Spend €181 Million on Anti-Fraud from 2021-2027
     Published online 20 October 2018
160. New Rules on Administrative Cooperation to Improve Fight Against VAT Fraud
     Published online 20 October 2018
161. Updated EPPO Fact Sheet
     Published online 20 October 2018
162. European Public Prosecutor’s Office Netherlands and Malta Join EPPO
     Published online 20 October 2018
163. Practice: Operation Silver Axe III
     Published online 20 October 2018
164. Practice: Successful Cooperation Between OLAF and U.A.E.
     Published online 20 October 2018
165. OLAF’s New Director-General
     Published online 20 October 2018
166. EP Sees Functioning of Schengen Area Critically
     Published online 20 October 2018
167. Brexit: EP Think Tank Analysis Draft Withdrawal Agreement
     Published online 20 October 2018
168. Commission Continues to Struggle with Poland on Rule-of-Law Compliance
     Published online 20 October 2018
169. EU 2017 Report on Human Rghts and Democracy in the World
     Published online 20 October 2018
170. CEPEJ: 2018 Report on European Judicial Systems
     Published online 20 October 2018
171. CJEU Blames Hungary for Non-Execution of Croatian EAW for Corruption
     Published online 20 October 2018
172. CJEU: UK’s Decision to Withdraw from EU Does Not Affect the Execution of EAWs
     Published online 20 October 2018
173. CJEU: New Italian Law on Unpaid VAT Compatible with EU Rules
     Published online 20 October 2018
174. EDPS Further Critical to Interoperability
     Published online 29 June 2018
175. Package of Measures to Further Build Up Security Union
     Published online 29 June 2018
176. Lawyers Organisations: Rule-of-Law Violations Have Direct Impact on Judicial Cooperation
     Published online 29 June 2018
177. AG: Minor Offences Can also Justify Police Access to Retained Data
     Published online 29 June 2018
178. Data Protection Experts Give Critical Statement on Planned Interoperability
     Published online 29 June 2018
179. Commission Proposes Loss of EU Money if Rule of Law is Not Respected
     Published online 29 June 2018
180. GC Clarifies Relationship between Union and National Law in OLAF External Investigations
     Published online 29 June 2018
181. EPRS: Cost of Non-Europe in the Fight Against Terrorism
     Published online 29 June 2018
182. Brexit: Material for Discussions on Future Framework in JHA Area
     Published online 29 June 2018
183. Brexit: Political Guidelines for EU’s Position in Negotiations
     Published online 29 June 2018
184. EU Citizens Called On to Debate on Future of EU “at 27”
     Published online 29 June 2018
185. Commission Proposes EU-Wide Rules on Whistleblowers‘ Protection
     Published online 29 June 2018
186. Commission Proposes Better Access of Law Enforcement to Financial Information
     Published online 29 June 2018
187. Hungary: OLAF Investigations Lead to Prison Sentence Against EU Funds Fraudster
     Published online 29 June 2018
188. CJEU: Extradition Justifiable Despite EU’s Prohibition of Discrimination
     Published online 22 June 2018
189. Reference for Preliminary Ruling on Detention Conditions by Higher Regional Court of Hamburg
     Published online 22 June 2018
190. Commission Makes OLAF Fit as Partner of EPPO
     Published online 13 June 2018
191. European Data Protection Day – EU Enters Into New Era in 2018
     Published online 6 June 2018
192. Commission Prepares for Effective Implementation of New EU Data Protection Legislation
     Published online 6 June 2018
193. Federal Constitutional Court Calls for German Courts to Consult CJEU on Detention Conditions
     Published online 6 June 2018 // Published in printed Issue 3/2017
194. CJEU Delivers Leading Judgments on Combination of Administrative and Criminal Penalties
     Published online 6 June 2018 // Published in printed Issue 4/2017
195. CJEU: Criminal Penalty in Addition to Penalty in Tax Proceedings to Combat VAT Fraud Possible
     Published online 6 June 2018
196. CJEU: Italian Legislation Combining Administrative and Criminal Sanctions Against Market Manipulation Does Not Respect EU’s ne bis in idem Principle
     Published online 6 June 2018
197. CJEU: Acquittal in Criminal Proceedings Can Block Administrative Fines
     Published online 6 June 2018
198. Council Softens EU List of Tax Haven Countries
     Published online 6 June 2018
199. EU and Norway Foster Administrative Cooperation to Combat VAT Fraud
     Published online 6 June 2018
200. Public Consultation to Establish First Worldwide “Counterfeit and Piracy Watch List”
     Published online 6 June 2018
201. First Case on Interpretation of EIO Brought Before CJEU
     Published online 6 June 2018
202. State of Play of EIO Implementation
     Published online 6 June 2018
203. No Decision on Aranyosi II Case by CJEU
     Published online 6 June 2018
204. Draft Regulation on Mutual Recognition of Confiscation and Freezing Orders Passes First Review in the EP
     Published online 6 June 2018
205. Partial Success for Schrems’ Campaign Against Facebook
     Published online 6 June 2018
206. Commission Steps Forward to Tackle Illegal Content Online
     Published online 6 June 2018
207. Application of Code of Conduct Countering Illegal Hate Speech Online Positive
     Published online 6 June 2018
208. JHA Council Adopts General Approach on New Law Combating Non-Cash Payment Fraud
     Published online 6 June 2018
209. MEPs Disagree on Blacklisting of “High-Risk Countries”
     Published online 6 June 2018
210. Trilogue Negotiations on Planned Directive to Counter Money Laundering by Means of Criminal Law
     Published online 6 June 2018
211. Country Factsheets on Attitudes towards Corruption
     Published online 6 June 2018
212. Malta to Join EPPO?
     Published online 6 June 2018
213. EPPO – First Implementation Measures Launched
     Published online 6 June 2018
214. EPPO – Implementation Phase Started
     Published online 6 June 2018
215. OLAF and Guardia di Finanza Detect Large-Scale Fraud in the EU’s Research and Innovation Fund
     Published online 6 June 2018
216. Convictions for Large-Scale Tobacco Smuggling
     Published online 6 June 2018
217. Debate on Key Features of OLAF and EPPO Relations
     Published online 6 June 2018
218. Public Consultation to Prepare Future EU Training Strategy
     Published online 6 June 2018
219. Brexit Preparedness
     Published online 6 June 2018