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Judicial Cooperation
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ECJ: Surrender to UK Can Be Done Despite Hardening of Conditions for Release
27 May 2025
Thomas Wahl
in Issue
1/2025
On 3 April 2025, the ECJ ruled in Case C-743/24 (Alchaster II) that a hardening of the conditions for release on licence from custody against a requested person does not, in principle, preclude surrender of that person from an EU country to the UK.
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EU
Fundamental Rights
Judicial Cooperation
Italian Supreme Court Applies Manifest Error Doctrine: Personal Drug Use Cannot Be Treated as Illicit Trafficking under EU Mutual Recognition Framework
31 March 2025
Avv. Nicola Canestrini
in Issue
1/2025
On 14 March 2025, in a landmark ruling, the Italian Court of Cassation clarified the powers of the executing state’s obligations under Framework Decision 2008/909/JHA concerning the mutual recognition of criminal judgments imposing custodial sentences.
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EU
Area of Freedom, Security and Justice
Judicial Cooperation
Taking Account of Convictions
Transfer of Sentenced Persons
Eurojust Takes Stock of JIT Investigating War Crimes in Ukraine
18 March 2025
(updated 2 months, 2 weeks ago)
Cornelia Riehle LL.M.
in Issue
1/2025
On 24 February 2025, the day on which Russia started the invasion of Ukraine three years ago, Eurojust published a summary of the results of the Joint Investigation Team (JIT) on alleged core international crimes (CICs) in Ukraine. The JIT was set up in March …
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EU
Ukraine conflict
Eurojust
Judicial Cooperation
Eurojust Launched New War Crimes & Genocide Project: National Authorities Against Impunity
18 March 2025
Cornelia Riehle LL.M.
in Issue
1/2025
On 12 February 2025, Eurojust launched a new project to combat impunity for war crimes, genocide, and crimes against humanity. The new project, entitled "National Authorities Against Impunity (IMPNA)", aims to reduce safe havens for the perpetrators of CICs and thereby contribute to criminal accountability for such crimes.
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EU
Eurojust
Judicial Cooperation
Victim Protection
Long-term JIT against Drug Traffickers Yields Significant Results
4 March 2025
Cornelia Riehle LL.M.
in Issue
1/2025
For the past five years, the Norwegian and Danish authorities, with the support of Eurojust, have been operating a joint investigation team to combat drug trafficking. A recent evaluation of this JIT highlights the successful fight against an organised crime group (OCG) that was trafficking …
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EU
Eurojust
Organised Crime
Judicial Cooperation
Spotlight
Regulation on the Transfer of Criminal Proceedings Published
29 January 2025
Thomas Wahl
in Issue
4/2024
This news item summarises the main elements of another piece of EU legislation that seeks to enhance judicial cooperation within the common area of freedom, security and justice: Regulation (EU) 2024/3011, adopted by the European Parliament and the Council on 27 November 2024, lays down rules on the transfer of criminal proceedings between the Member States with a view to improving the efficient and proper administration of justice.
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EU
Judicial Cooperation
Spotlight
New Five-Year Programme on Future Priorities in the Fields of Justice and Home Affairs
15 January 2025
Thomas Wahl
in Issue
4/2024
At their meeting on 12 December 2024, the EU Member States' Minsters responsible for home and justice affairs approved a new strategic agenda that shapes the future direction of EU policy in the area of freedom, security and justice (AFSJ). According to the titled "strategic guidelines for legislative and operational planning within the area of freedom, security and justice", the EU institutions are called on to put the set priorities into action during the next legislative cycle.
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EU
Area of Freedom, Security and Justice
Legislation
Council
Organised Crime
Judicial Cooperation
Law Enforcement Cooperation
Forged Works of Contemporary Art Seized
5 December 2024
Cornelia Riehle LL.M.
in Issue
3/2024
At the beginning of November 2024, a long-running investigation being conducted by Italian, Belgian, French, and Spanish authorities, supported by Eurojust, dismantled a European forgery network that had counterfeited contemporary art, including works by famous artists such as Banksy, Andy Warhol, Pablo Picasso, Joan Miró, …
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EU
Eurojust
Judicial Cooperation
Fiches Belges for Montenegro and Serbia Available
5 December 2024
Cornelia Riehle LL.M.
in Issue
3/2024
In order to assist legal practitioners in preparing their requests for mutual legal assistance (MLA) to Montenegro and Serbia, the EJN has launched the EJN Fiches Belges for Montenegro and Serbia on its website. The Fiches Belges provide information on the legal systems and criminal …
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EU
European Judicial Network (EJN)
Judicial Cooperation
Spotlight
ECJ Ruled on Fundamental Rights Test for Surrenders to the United Kingdom
23 October 2024
(updated 1 year, 4 months ago)
Thomas Wahl
in Issue
2/2024
On 29 July 2024, the ECJ delivered an important judgment on the conditions under which surrender of a person can be granted by a EU Member State to the United Kingdom (UK). The Court interpreted the fundamental rights clause enshrined in the Trade and Cooperation Agreement (TCA) between the European Union and the United Kingdom and held that the surrender mechanism under the TCA differs from the one provided by the EU’s Framework Decision on the European Arrest Warrant.
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EU
Fundamental Rights
Brexit
European Arrest Warrant
Judicial Cooperation
AG Gives Opinion on EAW Competing with Extradition Request
2 October 2024
(updated 3 months, 3 weeks ago)
Thomas Wahl
in Issue
3/2024
On 5 September 2024, Advocate General (AG) Nicholas Emiliou presented his opinion in case C-763/22 (Procureur de la République v OP). The case concerns the conditions under which EU Member States may decide on the competition between a European Arrest Warrant and …
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EU
Fundamental Rights
European Arrest Warrant
Judicial Cooperation
Draft Bill for New German Law on International Cooperation in Criminal Matters
17 September 2024
(updated 1 year, 11 months ago)
Thomas Wahl
in Issue
2/2024
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 …
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EU
Judicial Cooperation
Spotlight
ECJ Ruled on Mutual Recognition of Refugee Status in Extradition Proceedings
18 July 2024
(updated 1 year, 3 months ago)
Thomas Wahl
in Issue
2/2024
On 18 June 2024, the ECJ ruled that an EU Member State cannot extradite a third-country national to his country of origin if he has been granted refugee status by another EU Member State. As long as this status has not been revoked or withdrawn, extradition may not take place. The ECJ added that the authorities in the EU Member States involved must cooperate.
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Fundamental Rights
Judicial Cooperation
Procedural Safeguards
Spotlight
New Legal Framework on Digitalisation of Judicial Cooperation
4 April 2024
(updated 2 years ago)
Dr. Anna Pingen
/
Thomas Wahl
in Issue
4/2023
A new regulation on the digitalisation of cross-border judicial cooperation and access to justice and of an accompanying directive will facilitate electronic communication in the context of cross-border judicial cooperation procedures in civil, commercial and criminal matters. It comes in the context of the e-Justice Strategy for the years 2024 to 2028 that aims at speeding up the digitalisation process and the use of digital services in the justice area.
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EU
Area of Freedom, Security and Justice
Legislation
Judicial Cooperation
How to Involve the Office of the Prosecutor of the ICC in a JIT
4 April 2024
Cornelia Riehle LL.M.
in Issue
1/2024
On 13 February 2024, Eurojust published a factsheet explaining the ways in which the Office of the Prosecutor of the International Criminal Court (ICC-OTP) may be involved in Joint Investigation Teams (JITs). The flyer explains the steps to be taken to formally include the Office …
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EU
Eurojust
Judicial Cooperation
Transfer of Criminal Proceedings: Political Agreement and ECBA Opinion
29 March 2024
(updated 1 year, 8 months ago)
Thomas Wahl
in Issue
1/2024
On 1 March 2024, the European Criminal Bar Association (ECBA) released an opinion on the proposal for a Regulation on the transfer of proceedings in criminal matters. The Commission initiated the legislation in April 2023 (→ eucrim 1/2023, 40). It aims to establish an …
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EU
Judicial Cooperation
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