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Spotlight ECJ Ruling on the Exercise of Judicial Review in EPPO’s Cross-Border Investigations 
27 February 2024 (updated 1 year, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2023
On 21 December 2023, the Grand Chamber of the Court of Justice of the European Union (ECJ) delivered its judgment in Case C-281/22 (G.K. and Others [parquet européen]). In this first judgment on the interpretation of Regulation 2017/1939, the ECJ examined the extent of judicial review in cross-border investigation by the European Public Prosecutor's Office. This news item summarises and comments on the judgment. Read more
EU European Public Prosecutor's Office (EPPO) Judicial Cooperation
AG: Decision Granting Refugee Status Not Binding for Extradition 
2 February 2024 (updated 1 year, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2023
A Member State is not bound by the decision of another Member State regarding the recognition of refugee status within the meaning of the Geneva Refugee Convention. This is the view taken by Advocate General (AG) Jean Richard de la Tour in his Opinion of 19 October 2023 in Case C-352/22 referred by the Higher Regional Court of Hamm, Germany. Read more
EU Judicial Cooperation
EJN New Website Launched 
15 January 2024 (updated 2 years, 6 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 4/2023
On 11 December 2024, the EJN launched a new version of its website. Next to updates of the Atlas and Compendium, the website features a new section dedicated to its cooperation with partners, judicial networks, and non-EU countries. Users can now also find information … Read more
EU European Judicial Network (EJN) Judicial Cooperation
Eurojust Signs Working Arrangement with Nigeria 
23 November 2023
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 9 November 2023, Eurojust and the Nigerian judicial authorities signed a Working Arrangement, with the aim of enabling structured and closer cooperation in the fight against organised crime groups. Through the agreement, Eurojust can establish a Contact Point in Nigeria. It allows Eurojust … Read more
EU Eurojust Judicial Cooperation
Spotlight ECJ Ruled on Fundamental Rights Refusal of Norwegian Surrender Warrant 
21 November 2023 (updated 2 years, 10 months ago)
Thomas Wahl Thomas Wahl
In its judgment of 14 September 2023, the ECJ ruled on the extent Member State courts must take account of fundamental rights when it comes to extradition on the basis of the Agreement on the surrender procedure between the EU and Iceland/Norway. In addition, the Court had to decide as to which extent decisions taken in other EU Member States in the extradition case can be taken into account by the executing court. Read more
EU European Arrest Warrant Judicial Cooperation
MLA Form for Judicial Cooperation between EU and UK Available 
15 September 2023
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
A standard form is now available by which to issue requests for judicial cooperation between the competent authorities of the EU and the UK and Northern Ireland. It was designed by the Specialised Committee established by Article 8(1)(r) of the Trade and Cooperation Agreement between … Read more
EU European Judicial Network (EJN) Judicial Cooperation
German Bar Association Welcomes Proposal for Transfer of Criminal Proceedings But Sees Improvements 
7 August 2023
Thomas Wahl Thomas Wahl
There are first reactions to the Commission's proposal of April 2023 for a regulation on the transfer of proceedings in criminal matters (→ eucrim 1/2023, 40). In a statement of 12 June 2023, the German Bar Association welcomes the draft regulation in principle. … Read more
EU Judicial Cooperation
German Court Denies Extradition to UK Because of Bad Detentions 
7 August 2023 (updated 2 years, 10 months ago)
Thomas Wahl Thomas Wahl
On 10 March 2023, the Higher Regional Court of Karlsruhe (Germany) declared extradition of a person from Germany to the UK as “currently inadmissible” due to the lack of guarantees for the person’s protection of fundamental rights. Read more
EU Judicial Cooperation
Commission Proposal for a Regulation on the Transfer of Criminal Proceedings 
11 July 2023 (updated 3 years, 1 month ago)
Thomas Wahl Thomas Wahl in Issue 1/2023
On 5 April 2023, the Commission presented a proposal for a Regulation on the transfer of proceedings in criminal matters between Member States. The aim of the proposal is to generate more efficient criminal proceedings as well as better administration of justice within the EU. Read more
EU Judicial Cooperation
Spotlight Final Report on 9th Round of Mutual Evaluations 
1 June 2023
Thomas Wahl Thomas Wahl
The EU has evaluated its judicial cooperation instruments based on mutual recognition. The final report of the ninth round of mutual evaluations found that application of instruments in the field of deprivation or restriction of liberty can be further enhanced. Currently, there is no need for legislation at the EU level. Read more
EU Judicial Cooperation
EJN Provides Form for MLA with UK 
5 May 2023
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
In order to assist with requests for mutual legal assistance in criminal matters to the UK under the Trade and Cooperation Agreement, the EJN now offers a form that can be downloaded from its website. The form, which can be used on a voluntary basis, … Read more
EU European Judicial Network (EJN) Judicial Cooperation
ECBA: Courts in the Assisting Member State Must Have Full Review Powers 
9 March 2023 (updated 2 years, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2023
In an open letter, the ECBA makes statements on the first case dealing with the interpretation of the EPPO Regulation before the CJEU. The case was referred by the Oberlandesgericht Wien (Austria) and poses the question as to which extent the courts of the assisting European Delegated Prosecutor (EDP) can verify an investigative measure under their national law when it was authorised in the Member State of the EDP handling the case. Read more
EU European Public Prosecutor's Office (EPPO) European Investigation Order Judicial Cooperation
Eurojust Report on Transfer of Proceedings in the EU 
22 February 2023 (updated 2 years, 2 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 1/2023
In a report of January 2023, Eurojust informs practitioners and policymakers of the main challenges encountered in Eurojust casework on transfer of proceedings and to highlight the role that Eurojust has played in overcoming such issues. Eurojust pleads for a new EU legal instrument and makes proposal on its contents. Read more
EU Eurojust Judicial Cooperation
CJEU Clarifies Possible Extradition of Union Citizen to Third Country for Purpose of Serving Custodial Sentence 
25 January 2023 (updated 2 years, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2022
On 22 December 2022, the CJEU clarified its case-law on the extradition of Union citizens to a third state for the purpose of enforcing a custodial sentence. The case follows up to the CJEU's 2018 judgement in Raugevicius. Read more
EU Judicial Cooperation
Report on AI Support for Judicial Cooperation 
2 September 2022
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
In July 2022, Eurojust and eu-LISA published a joint report and factsheet looking at how Artificial Intelligence (AI) can support cross-border cooperation in criminal justice. Read more
EU Artificial Intelligence (AI) Eurojust Judicial Cooperation
First EPPO Case before CJEU 
3 August 2022 (updated 3 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
The first case concerning the interpretation of Regulation 2017/1939 on the establishment of the EPPO is at the CJEU. In a reference for preliminary ruling by an Austria court guidance by the CJEU is sought as to which extent judicial review can be carried out in the assisting Member State if it comes to cross-border investigations within the EPPO regime. Read more
EU European Public Prosecutor's Office (EPPO) European Investigation Order Judicial Cooperation