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Study Backs EP Position: Rule of Law Conditionality Regulation Must Be Triggered Immediately 
3 August 2021 (updated 4 years, 10 months ago)
Thomas Wahl Thomas Wahl
In a legal opinion, published on 7 July 2021, experts call on the Commission to trigger the new Rule of Law Conditionality Regulation (EU, Euratom) 2020/2092 with respect to Hungary. They presented a draft written notification by means of which the Commission can initiate the procedure to suspend EU funds pursuant to Art. 6 of the Regulation. Read more
EU Fundamental Rights Rule of Law Protection of Financial Interests
EP: Budget Conditionality Mechanism for Rule-of-Law Breaches Must Be Launched Immediately 
3 August 2021 (updated 4 years, 9 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2021
The European Parliament increased pressure on the European Commission to apply the budget conditionality regulation of 16 December 2020. MEPs reiterated in a resolution adopted in plenary on 8 July 2021 that guidelines currently being developed by the Commission are unnecessary. Parliament will continue preparations to sue the Commission for “non-action”. Read more
EU Rule of Law Protection of Financial Interests
EPPO: First Results 
2 August 2021 (updated 5 years ago)
Thomas Wahl Thomas Wahl
Six weeks after the European Public Prosecutor's Office (EPPO) started its operational and investigative activities, the body took stock of its work. In a brief press release dated 16 July 2021, the EPPO informed the public that it processed more than a thousand reports … Read more
EU European Public Prosecutor's Office (EPPO) Protection of Financial Interests
EPPO Concluded Working Arrangement with European Commission 
29 July 2021
Thomas Wahl Thomas Wahl
The European Public Prosecutor’s Office (EPPO) and the European Commission signed a working agreement. The agreement implements Art. 103(1) of Council Regulation (EU) 2017/1939, which provides that the EPPO shall establish and maintain a cooperative relationship with the European Commission for the purpose of … Read more
EU Commission OLAF Protection of Financial Interests
New EU Anti-Fraud Programme 
7 July 2021
Thomas Wahl Thomas Wahl
The European Parliament and the Council established the Union Anti-Fraud Programme for the duration of the multiannual financial framework 2021-2027. The underlying Regulation (EU) 2021/785 was published in the Official Journal L 172 of 17 May 2021. The Programme succeeds the Hercule III Programme that ran until 2020. Read more
EU Protection of Financial Interests
Spotlight Working Arrangement between EPPO and OLAF Signed 
6 July 2021 (updated 3 years, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2021
On 5 July 2021, European Chief Prosecutor Laura Kövesi and OLAF Director-General Ville Itälä signed a working arrangement that sets out the future operational cooperation between the EPPO and OLAF. The agreement can be considered an important milestone since both offices are mandated to … Read more
EU OLAF European Public Prosecutor's Office (EPPO) Protection of Financial Interests
Recent JHA-Relevant Infringement Procedures 
1 July 2021
Thomas Wahl Thomas Wahl
This news item provides an overview of the opening or progress of several infringement procedures in the area of justice and home affairs / security law and PIF. The Commission provided an update on 9 June 2021. Read more
EU Area of Freedom, Security and Justice Protection of Financial Interests
Budget Conditionality: EP Ready to Take Commission to CJEU 
29 June 2021 (updated 5 years, 3 months ago)
Thomas Wahl Thomas Wahl
In a resolution of 10 June 2021, the EP made clear that it will sue the Commission for failure to act if it does not apply the 2020 Regulation setting out the rules on the protection of the EU's financial interests in the event of rule-of-law breaches. Read more
EU Fundamental Rights Protection of Financial Interests
Commission Provides Guidance on Conflicts of Interest 
28 April 2021
Thomas Wahl Thomas Wahl
On 7 April 2021, the European Commission published a guidance on the avoidance and management of conflicts of interest under the new 2018 Financial Regulation (FR). The FR, which entered into force on 2 August 2018, has strengthened the measures to protect the EU’s financial … Read more
EU Protection of Financial Interests
German Federal Constitutional Court Paves Way for EU’s Recovery Instrument 
28 April 2021
Thomas Wahl Thomas Wahl
The German Federal Constitutional Court (FCC) rejected an application for preliminary injunction against the German Act Ratifying the EU Own Resources Decision. As a consequence, the Ratifying Act can be signed by the Federal President. However, the FCC will have a closer look on the constitutionality of the EU's own resources decision at the principal proceedings. Read more
EU Protection of Financial Interests
ECA: Deficiencies in Customs Control Hamper EU’s Financial Interests 
26 April 2021
Thomas Wahl Thomas Wahl
Customs controls in the EU still considerably differ as a result of which the protection of the EU’s financial interests is hampered, the European Court of Auditors (ECA) stated in its Special Report 04/21 of 30 March 2021. Read more
EU Protection of Financial Interests Customs Cooperation
AG Gives Opinion on Compatibility of Romanian Constitutional Court Decisions Involving PIF Obligations 
26 April 2021 (updated 4 years, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2021
AG Bobek provides his opinion in cases where the compatibility of findings of the Romanian Constitutional Court with EU law (including the protection of the EU's financial interests) are to be assessed. The cases were referred to the CJEU by the Romanian supreme court and a Romanian instance court. The AG considers the reference only partly successful. Read more
EU Fundamental Rights Protection of Financial Interests
Commission: Germany, Portugal, and Romania Failed to Correctly Transpose 4th AMLD 
20 March 2021 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl
In February 2021, the Commission formally initiated infringement procedures against Germany, Portugal, and Romania for having incorrectly transposed the 4th Anti-Money Laundering Directive (Directive (EU) 2015/849). As an initial step, the Commission sent a letter of formal notice requesting further information to … Read more
EU Money Laundering Protection of Financial Interests
Disputes over Budget Conditionality Mechanism 
20 March 2021 (updated 9 months, 2 weeks ago)
Thomas Wahl Thomas Wahl in Issue 1/2021
On 11 March 2021, Poland and Hungary filed an action with the CJEU seeking review of the conditionality mechanism. On 25 March 2021, the EP countered in a resolution. The EP urged the Commission to immediately start investigations of possible breaches of rule of law principles and to protect the EU budget. If the Commission fails to fulfill its obligations, the EP considers the launch of legal action before the CJEU under Art. 265 TFEU. Read more
EU Protection of Financial Interests
Report
Post-conference Report of the Online Conference “Transposition of the PIF Directive into National Legislation” (25-26 February 2021)  Status quo and its consequences on the effectiveness of the EPPO's investigations and prosecutions – Annual Forum on Combating Fraud in the EU
3 March 2021
Laviero Buono Laviero Buono
This report outlines the main conclusions that were made during the annual forum on combating fraud. The online conference was organised by ERA and funded by OLAF under the Hercule Programme. It focused on the implementation of the the PIF Directive into national legislation and its consequences for the operations of the European Public Prosecutor's Office. Read more
EU European Public Prosecutor's Office (EPPO) Protection of Financial Interests
Joint Action Day “Arktos 2” 
20 January 2021 (updated 5 years, 2 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. / Thomas Wahl Thomas Wahl in Issue 4/2020
Between 16 and 25 November 2020, law enforcement authorities in the EU were able to seize, among others, 37 million illegal cigarettes, over 1.8 tons of tobacco and more than 3.5 thousand litres of illegal fuel. The seizures were carried out in the framework of … Read more
EU OLAF Europol Eurojust Frontex Protection of Financial Interests