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German Court Links Petruhhin Doctrine with ne bis in idem and Boosts Common European Criminal Law 
9 August 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
A German court transferred the principles on extradition of EU citizens to third countries (as established by the CJEU) to the privilege not to be prosecuted twice. In the case at issue before the Higher Regional Court of Frankfurt am Main, the USA requested … Read more

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EU Judicial Cooperation Ne bis in idem
Council Discusses Extradition of EU Citizens to Third Countries 
9 August 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
At a video conference meeting on 4 June 2020, the ministers of justice of the EU Member States exchanged views on the issue of extradition of EU citizens to third countries. Several questions remain as to how judgements from the CJEU in recent years, … Read more

News Guide
EU Judicial Cooperation
Impact of COVID-19 on Justice from Lawyer Viewpoint – CCBE Actions 
9 August 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
The Council of Bars and Law Societies of Europe (CCBE) started several actions to alert the public to the situation of lawyers following confinement measures during the COVID-19 outbreak. The association published an overview of measures taken in some European countries addressing the impact of … Read more

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EU Judicial Cooperation
Special Websites: Impact of COVID-19 on the Justice Field 
9 August 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
The European Commission has established a dedicated website within the European e-Justice portal, which informs judicial authorities, legal practitioners, businesses, and citizens of the measures taken within the European Union in relation to the COVID-19 pandemic and its effects on European justice. The page is … Read more

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EU European Judicial Network (EJN) Agency for Fundamental Rights (FRA) Judicial Cooperation
EU Directive Requested Against Gag Lawsuits 
9 August 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
119 organisations signed a statement that calls on the EU to stop gag lawsuits against public interest defenders. The statement was published on the website of the European Centre for Press & Media Freedom (ECPMF) on 8 June 2020. The statement lists recent examples of … Read more

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EU Victim Protection
German Court Asks CJEU about Compatibility of PNR Legislation 
9 August 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
The Administrative Court of Wiesbaden initiated references for a preliminary ruling to the CJEU that tackle the question of whether the EU PNR Directive (Directive 2016/681, see eucrim 2/2016, p. 78) and the German implementation law are compatible with Union law, in particular the Charter … Read more

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EU Council of Europe Data Protection
CCBE Guide to Assist EU Defence Lawyers 
9 August 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
The CCBE published a reference guide to assist EU defence practitioners. The guide aims at giving an overview of EU legislation, case law, and tools. It provides references to relevant legislation, case law and other relevant material. The publication, inter alia, includes information … Read more

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EU Procedural Safeguards
Commission Satisfaction with Application of Code of Conduct to Counter Illegal Hate Speech Online 
8 August 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 22 June 2020, the Commission released the results of its meanwhile fifth evaluation of the Code of Conduct on Countering Illegal Hate Speech Online. The Code of Conduct was agreed on 31 May 2016 to ensure that requests to remove racist and xenophobic Internet … Read more

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EU Racism and Xenophobia
Council Conclusions on Financial Investigations to Fight Organised Crime 
8 August 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
Financial investigations should become a horizontal, cross-cutting priority in order to combat all forms of organised crime. This is one of key points of Council conclusions on the enhancement of financial investigations, which were approved on 17 June 2020.Considering that the proceeds of … Read more

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EU Organised Crime
Council Conclusions on Excise Duties on Tobacco 
3 August 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 2 June 2020, the Council adopted conclusions on the structure and rates of excise duty applied to manufactured tobacco. The Council recognises that the current provisions of the legal framework, i.e., Directive 2011/64/EU, have become less effective, as they are either no longer … Read more

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EU Tax Evasion
Council Conclusions on Future of Administrative Cooperation in Taxation 
3 August 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 2 June 2020, the Council approved conclusions on the future evolution of administrative cooperation in the field of taxation in the EU. The Council calls on the Commission to propose an update on the current legal basis, which is framed by Directive 2011/16/EU. A … Read more

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EU Tax Evasion
EP Sets Up Permanent Subcommittee on Tax Matters 
3 August 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 18 June 2020, the plenary of the European Parliament set up a standing subcommittee on tax matters. It is a subcommittee to the Committee on Economic and Monetary Affairs. It will focus particularly on the fight against tax fraud, tax evasion, and tax … Read more

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EU Protection of Financial Interests Tax Evasion
Coronavirus Impact on Taxation Rules 
3 August 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 8 May 2020, the Commission proposed the postponement of the entry into force of two EU taxation measures that are also designed to fight tax evasion/avoidance. This move comes in the wake of the difficulties that businesses and Member States’ administrations are currently facing … Read more

News Guide
EU Tax Evasion
ECA Announces AML Audit 
3 August 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 11 June 2020, the European Court of Auditors (ECA) provided information on an upcoming audit on the effectiveness of the EU’s anti-money laundering policy in the banking sector. The audit follows plans by the Commission, the Council, and the European Parliament to review and … Read more

News Guide
EU Money Laundering Tax Evasion
Commission Issues New List of High-Risk Third Countries 
3 August 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
Alongside a refined methodology for identifying third countries with strategic deficiencies in their AML/CFT frameworks (high-risk third countries, see separate news item[T1] ), the Commission adopted a new list of these countries on 7 May 2020. The list is a last resort for the EU, … Read more

News Guide
EU Money Laundering