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CJEU: Bulgaria (Currently) Precluded from Issuing EIOs Due to Lack of Legal Remedies 
25 January 2022
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
According to the CJEU, the current situation in Bulgaria, which does not provide for legal remedies against investigative measures and the issuance of a European Investigation Order (EIO) infringes the fundamental rights of the Charter and means that Bulgaria cannot issue EIOs as long as this situation is not remedied. Read more

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EU European Investigation Order Procedural Safeguards
Europol: 2021 Highlights 
20 January 2022
Riehle_Cornelia_Neu_SW.jpg Cornelia Riehle LL.M.
At the end of 2021, Europol published a review highlighting its most important operations in 2021. A detailed analysis of the threat of serious and organised crime facing the EU was provided in Europol’s Serious and Organised Crime Threat Assessment 2021 (→ news of … Read more

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EU Europol
Working Arrangement with Republic of Korea Signed 
20 January 2022
Riehle_Cornelia_Neu_SW.jpg Cornelia Riehle LL.M.
To strengthen their cooperation against serious crime, Europol and the Republic of Korea signed a Working Arrangement on 22 December 2021. It introduces a secure system for the exchange of information between the parties. Furthermore, the arrangement foresees that the parties can exchange specialist knowledge, … Read more

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EU Europol
Programme of New Trio Council Presidencies 
20 January 2022
Riehle_Cornelia_Neu_SW.jpg Cornelia Riehle LL.M.
31 December 2021 marked the end of a cycle of trio presidencies. The cycle had started with the German Presidency on 1 July 2020 (→news of 31 August 2020), continued with the Portuguese Presidency on 1 January 2021 (→news of 1 April 2021), … Read more

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EU Council
Programme of the French Council Presidency 
20 January 2022
Riehle_Cornelia_Neu_SW.jpg Cornelia Riehle LL.M.
On 1 January 2022, France took over the Presidency of the Council of the European Union for six months. This also the first Presidency in the new cycle of trio presidencies composed of France, the Czech Republic, and Sweden (→separate news item).Under the title … Read more

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EU Council
AG: Unlawful Appointment of Polish Judges Does Not Justify Non-Execution of EAWs per se 
20 January 2022 (updated 8 hours ago)
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
According to an opinion by AG Rantos, national courts cannot refuse executing EAWs only because the appointment of Polish judges was unlawful. Courts must strictly follow the line established by the CJEU in LM. However, the recent judgment by the Polish Constitutional Tribunal that questioned the primacy of Union law may cast doubts on Poland's compatibility with essential fundamental rights and may justify refusals. Read more

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EU Fundamental Rights European Arrest Warrant Procedural Safeguards
Organisations Tell E-Evidence Stories and Urge to Uphold High Level of Fundamental Rights Safeguards 
19 January 2022
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
Civil society organisations published a compendium of scenarios that showcase situations in which the planned e-evidence Regulation would lead to serious fundamental rights harms. Read more

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EU Fundamental Rights e-Evidence Law Enforcement Cooperation
CJEU: Amnesty Does Not Preclude Issuance of EAW 
19 January 2022
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 16 December 2021, the CJEU ruled that a European arrest warrant (EAW) may be issued even if the underlying criminal proceedings have been resumed after an amnesty. The case refers to criminal proceedings before a Slovak criminal court which reexamines criminal offences committed by Slovakian security officers in the 1990es. Read more

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EU European Arrest Warrant Ne bis in idem
Spotlight AG: German, Irish and French Data Retention Rules Incompatible with EU Law 
19 January 2022
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 19 November 2021, Advocate General (AG) Campos Sánchez-Bordona published his opinion on pending cases before the CJEU that concern the question of whether national data retention regimes are compatible with EU law. The cases concern legislation in Germany, Ireland and France. According to the AG, the answers can already be inferred from the CJEU's recent case law. General and indiscriminate regimes for combating crimes cannot be justified. Read more

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EU Data Protection
CJEU Rules on Compatibility of Romanian Constitutional Court Decisions with Effective Prosecution PIF Crimes 
19 January 2022
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 21 December 2021, the CJEU (Grand Chamber) delivered its judgment on several issues of the Romanian justice reform in the area of corruption. The referring Romanian courts mainly questioned whether several decisions of the Romanian Constitutional Court are compatible with Union law. The CJEU clarified the obligations incumbent under Art. 325 TFEU and the importance of judicial independent with regard to consequences if case law of Constitutional Courts is disapplied by lower courts. Read more

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EU Fundamental Rights Protection of Financial Interests
CCBE Concerned over Defence Rights in EPPO Proceedings 
19 January 2022
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
In a statement published on 10 December 2021, the Council of Bars and Law Societies of Europe (CCBE) voiced concerns over the position of the defence and procedural rights during EPPO proceedings. The CCBE identified four issues of major concern, including the lack of specific provisions on defence rights and the risks of forum shopping. Read more

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EU EPPO Procedural Safeguards
DAV Position Paper on Commission’s Artificial Intelligence Act Proposal 
18 January 2022
Anna Pingen Anna Pingen
On 25 November 2021, the German Bar Association (Deutscher Anwaltverein - DAV) published a position paper on the Proposal of the European Commission for a Regulation of the European Parliament and of the Council Laying Down Harmonised Rules on Artificial Intelligence (Artificial Intelligence Act) and … Read more

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EU
CJEU: National Legislation Must Allow Third Parties to Appear as a Party in Confiscation Proceedings 
18 January 2022
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
In its judgement of 21 October 2021 (Joined Cases C‑845/19 and C‑863/19 - Criminal proceedings against DR and TS), the CJEU clarified specific provisions of Directive 2014/42/EU on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union. The CJEU … Read more

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EU Freezing of Assets / Confiscation
EP Increases Efforts to Counteract Strategic Lawsuits Against Public Participation (SLAPPs) 
18 January 2022
Anna Pingen Anna Pingen
On 11 November 2021, the European Parliament adopted a resolution on strengthening democracy and media freedom and pluralism in the EU. This follows after several initiatives had called for a regulation of Strategic Lawsuits Against Public Participation (SLAPPs): - The study commissioned by the … Read more

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EU Rule of Law Victim Protection
Pandora Papers: Parliament Calling for Investigations and Improvement of EU Blacklist of Tax Havens 
18 January 2022
Anna Pingen Anna Pingen
On 21 October 2021, the European Parliament adopted a resolution calling for thorough investigations to be launched into any wrongdoing that took place in EU jurisdictions as revealed by the Pandora Papers. After the Pandora Papers had exposed tax avoidance on an unprecedented scale, MEPs … Read more

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EU Tax Evasion
Commission Initiative to Achieve the European Green Deal 
18 January 2022
Anna Pingen Anna Pingen
On 17 November 2021, the Commission adopted three new initiatives in order to achieve the European Green Deal. With these initiatives, the Commission aims to curb EU-driven deforestation, facilitate intra-EU waste shipments, promote a circular economy, and tackle the export of illegal waste and … Read more

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EU Legislation Environmental Crime