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ECJ: Criminally Prosecuted Minors Must Have Lawyer’s Assistance during First Police Questioning
In its judgment of 5 September 2024, the ECJ ruled that several provisions of the Polish Code of Criminal Procedure and legal practices are incompatible with the rights of minors charged with a criminal offence. The Court particularly blamed the Polish police for not having guaranteed the assistance by a lawyer during the first questioning of the minor and for not having him adequately informed of his rights. Read more
Thomas Wahl
Council of Europe
Procedural Safeguards
Eurobarometer: Citizens and Businesses Remain Concerned over Corruption
On 24 July 2024, in parallel to its 2024 Rule of Law Report (→ related link), the Commission released the results of two Eurobarometer surveys on the perception of corruption in the EU: Special Eurobarometer 548 - Citizens’ attitudes towards corruption in the EU … Read more
EU
Corruption
Commission’s 2024 Rule of Law Report
On 24 July 2024, the Commission published its 5th Rule of Law Report. The Rule of Law Report includes 27 country chapters and examines developments – both positive and negative – across all EU Member States in four key areas for the rule of … Read more
Dr. Anna Pingen
EU
Rule of Law
Commission
General Court Ruled on Irregularities by Former EU Auditor
On 11 September 2024, the General Court (GC) ruled for the first time on the legality of procedures of the European Court of Auditors (ECA) and OLAF vis-à-vis alleged irregularities committed by a former ECA member.The GC largely upheld the ECA’s decision on the … Read more
EU
OLAF
Protection of Financial Interests
Spotlight 35th Annual PIF Report
On 25 July 2024, the European Commission adopted the 35th Annual Report on the protection of the European Union’s financial interests and the fight against fraud in 2023 (PIF Report). The irregular amounts related to fraud cases increased to €585.8 million (+103% compared to 2022). Read more
EU
Protection of Financial Interests
GRECO: Fifth Round Evaluation Report on Armenia
On 18 April 2024, GRECO published its 5th round evaluation report on Armenia.The country has been a member of GRECO since 2004. It has been subject to four evaluation rounds with 75% of GRECO recommendations implemented in the joint first and second evaluation … Read more
Dr. András Csúri
Council of Europe
Corruption
Draft Bill for New German Law on International Cooperation in Criminal Matters
On 11 September 2024, the German Federal Ministry of Justice presented a draft for a recast of the German Act on International Mutual Assistance in Criminal Matters (Gesetz über die Internationale Rechtshilfe in Strafsachen - IRG). The draft revises, restructures and modernises the … Read more
EU
Judicial Cooperation
GRECO: Fifth Round Evaluation Report on the Republic of Moldova
On 4 March 2024, GRECO presented its 5th round evaluation report on the Republic of Moldova. The country has been a member of GRECO since 2001 and undergone four evaluation rounds.93% of recommendations were implemented in the first evaluation round, 67% in the … Read more
Council of Europe
Corruption
GRECO: Fifth Round Evaluation Report on the Czech Republic
On 4 March 2024, GRECO presented its 5th round evaluation report on the Czech Republic. The country has been a member of GRECO since 2002, with a good track record in implementing GRECO recommendations: 89% of the first evaluation round have been fully implemented, … Read more
Council of Europe
Corruption
ECJ Ruled on Reporting Obligations for Aggressive Tax Planning
In its judgment of 29 July 2024, the ECJ upheld the EU’s system on reporting obligations for intermediaries to inform tax authorities of certain cross-border arrangements that could potentially be used for aggressive tax planning. The ECJ particularly did not consider that the underlying EU legislation is invalid. Read more
EU
Fundamental Rights
Tax Evasion
EPPO’s Operational Activities: April - June 2024
This news item provides an overview of the EPPO's main operational activities from 1 April to 31 June 2024. It continues the periodic reports of previous issues → eucrim 6 May 2024 // preprint issue 1/2024 and is in reverse chronological order. Read more
Cornelia Riehle LL.M.
European Public Prosectutor's Office (EPPO)
Eurostat Statistics on Prisons in 2022
On 29 April 2024, Eurostat published statistics on prisoners and prison occupancy in 2022. According to the publication, there were 483,593 prisoners in the EU in 2022. This is equivalent to 108 prisoners per 100,000 people. In 2021, the prisoner rate was 106 prisoners … Read more
EU
Area of Freedom, Security and Justice
Second Reference for Preliminary Ruling in EncroChat Case
The Regional Court of Berlin lodged a second reference for preliminary ruling to the ECJ, seeking clarifications on the legitimacy of an operation against the encrypted network EncroChat, notably as regards possible breaches of the rules of the European Investigation Order Directive. Read more
European Investigation Order
Law Enforcement Cooperation
Spotlight ECJ Ruled in EncroChat Case
This news item features a summary and comment on the impact of the ECJ’s ruling in the EncroChat case. It is contended that the judgment leaves room for manoeuvre in that evidence obtained by a live French police hack of encrypted devices may be banned in German criminal proceedings. Read more
EU
Organised Crime
European Investigation Order
Law Enforcement Cooperation
Procedural Safeguards
Spotlight New EU Rules on Protection of the Environment through Criminal Law
On 30 April 2024, Directive (EU) 2024/1203 of the European Parliament and of the Council of 11 April 2024 on the protection of the environment through criminal law was published in the Official Journal of the EU. The Directive establishes updated minimum EU-wide standards for the definition of environmental criminal offences and penalties, replacing the previous 2008 legislation. Read more
EU
Legislation
Environmental Crime
Spotlight New Report on Encryption by EU Innovation Hub
At the beginning of June 2024, the EU Innovation Hub for Internal Security published its first Report on Encryption. The report analyses the topic of encryption from legislative, technical, and developmental points of view. Read more
EU
Artificial Intelligence (AI)
Europol
Cybercrime
Law Enforcement Cooperation
Data Protection