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CJEU Gives Guidance on Double Criminality Test 
31 July 2022 (updated 3 years, 10 months ago)
Thomas Wahl Thomas Wahl
In a case that involves convictions in the context of the riots at the G8 summit in Genoa (Italy), the CJEU had occasion to determine the scope of the condition of double criminality in European arrest warrant cases. According to the judges in Luxembourg the executing authority does not need to assess the accordance of the legal interests protected by the criminal laws of the issuing and executing State. Read more
EU European Arrest Warrant Judicial Cooperation
Commission Guidelines on Extradition to Third Countries 
6 July 2022 (updated 3 years, 2 months ago)
Thomas Wahl Thomas Wahl
On 7 June 2022, the Commission presented guidelines on extradition to third countries. The guidelines include practical guidance regarding the extradition of EU citizens to third countries after the CJEU's Petruhhin judgment and advice on handling unfounded/abusive extradition requests, such as politically motivated Interpol Red Notices. Read more
EU European Arrest Warrant Judicial Cooperation
Spotlight ECBA Requests Mutual Recognition of Certain Extradition Decisions in Favour of Individual 
30 June 2022 (updated 1 year, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
In June 2022, the European Criminal Bar Association (ECBA) published a statement on mutual recognition of extradition decisions. The statement deals with the situation that individuals have currently no means or legal remedies to successfully and effectively challenge Interpol Red Notices or alerts in … Read more
EU European Arrest Warrant Judicial Cooperation Ne bis in idem
CEPEJ Launches European Cyberjustice Network 
29 January 2022
Dr. András Csúri Dr. András Csúri
On 16 November 2021, the European Commission for the Efficiency of Justice (CEPEJ) held a virtual inaugural conference to officially launch the European Cyberjustice Network. The network provides a platform for the interdisciplinary exchange of good practices in the field of cyberjustice and artificial … Read more
Council of Europe Cybercrime Judicial Cooperation
CJEU: Surrender Provisions in TCA also Binding on Ireland 
18 January 2022
Thomas Wahl Thomas Wahl
According to the CJEU, the provisions in the Withdrawal Agreement concerning the European arrest warrant regime with respect to the United Kingdom and the provision in the Trade and Cooperation Agreement between the EU and the United Kingdom concerning the new surrender mechanism are binding on Ireland. The country cannot play its opt-in card. Read more
EU Area of Freedom, Security and Justice European Arrest Warrant Judicial Cooperation
CJEU: Hungarian Court Must Enforce Austrian Fine for Refusal to Name Driver 
26 October 2021
Thomas Wahl Thomas Wahl
In a judgment of 6 October 2021, the CJEU ruled on the question of the extent to which an executing authority may challenge the legal classification of an offence by the issuing authority in a category where double criminality is no longer to be examined. Read more
EU Financial Penalties Judicial Cooperation
Spotlight CJEU: Lack of Translation Can Be Refusal Ground to Execute Financial Penalty 
26 October 2021 (updated 11 months, 2 weeks ago)
Thomas Wahl Thomas Wahl in Issue 3/2021
On 6 October 2021, the CJEU delivered an important judgment on the implications of fundamental rights in the mutual recognition scheme. The case concerned the question of whether an executing authority may refuse the recognition of a financial penalty (on the basis of Framework Decision 2005/214/JI) if the issuing authority did not notify the decision to the person concerned in a language he/she understands. Read more
EU Fundamental Rights Financial Penalties Judicial Cooperation Procedural Safeguards
EAW e-Learning Course: Implementing EAW and Promoting Human Rights 
4 August 2021
Thomas Wahl Thomas Wahl
Partners of the AWARE network developed an e-learning course on “Implementing the European Arrest Warrant (EAW): Promoting Human Rights”. The course is designed for judges and prosecutors (estimated duration: 5h). A circumscribed version is aimed at judicial practitioners, including lawyers, NGOs, academia and researchers … Read more
EU Fundamental Rights European Arrest Warrant Judicial Cooperation
Report on the Impact of COVID-19 on Judicial Cooperation 
9 July 2021
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 17 May 2021, Eurojust published a report on the impact of COVID-19 on judicial cooperation in criminal matters. It was based on 128 concrete requests sent to Eurojust between April and June 2020 ‒ when lockdowns in many countries created sudden and unexpected practical … Read more
EU Corona Eurojust Judicial Cooperation
Next Steps to Set Up EuroMed Judicial Network of Contact Points 
9 July 2021
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 27 May 2021, CrimEx members met to discuss the next steps in setting up a EuroMed Judicial Network of Contact Points (EMJNet). CrimEx is a permanent working group composed of judicial experts from Euro-Mediterranean countries. The planned EMJNet shall be composed of practitioners who … Read more
Eurojust Judicial Cooperation
Ministers Discuss Key Challenges for Public Prosecutors 
6 July 2021
Thomas Wahl Thomas Wahl
At the JHA Council meeting on 7 June 2021, the Ministers for Justice discussed the key challenges to a well-functioning public prosecution service and how the JHA Council could engage in a more specific discussion on the topic. Discussions referred to a paper of the … Read more
EU Fundamental Rights Judicial Cooperation
Mutual Legal Assistance Agreement between EU and Japan to Be Revised 
15 June 2021
Thomas Wahl Thomas Wahl
On 1 June 2021, the Commission submitted a recommendation to the Council in which it seeks authorisation to open negotiations with Japan in order to amend the EU-Japan Agreement on mutual legal assistance in criminal matters. The Agreement entered into force on 2 January 2011. … Read more
EU Judicial Cooperation Data Protection
Spotlight CJEU Judgment on Compatibility of Interpol Searches and Arrests with Ne bis in idem Principle 
15 June 2021 (updated 4 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2021
States that are party to the Schengen Agreement can refuse to follow an Interpol red notice seeking extradition of an individual to a third country if he/she has already been finally tried in one of the Schengen States. The CJEU delivered this groundbreaking judgment on 12 May 2021 in Case C-505/19. Read more
EU Judicial Cooperation Police Cooperation Data Protection Ne bis in idem
Eurojust’s Report on Impact of COVID-19 on Judicial Cooperation in Criminal Matters 
5 June 2021
Dr. Anna Pingen Dr. Anna Pingen
On 17 May 2021, Eurojust published its report on the Impact of COVID-19 on Judicial Cooperation in Criminal Matters. With this report, Eurojust intended to identify specific difficulties in the application of the most widely used instruments of judicial cooperation resulting from the Covid-19 … Read more
EU Corona Eurojust Judicial Cooperation
Commission Rejects UK Application to Join Lugano Convention 
5 June 2021
Dr. Anna Pingen Dr. Anna Pingen
With Brexit and the end of the United Kingdom’s EU membership, the 2007 Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Lugano Convention) no longer applies to the United Kingdom of Great Britain and Northern Ireland (UK). On … Read more
EU Commission Judicial Cooperation Law Enforcement Cooperation
CCBE: Position Papers 
1 June 2021
Dr. Anna Pingen Dr. Anna Pingen
On 26 March 2021, the Council of Bars and Law Societies of Europe (CCBE) held an online Standing Committee during which several position papers were adopted. Among them: The CCBE adopted its comments on the Communication on the Digitalisation of Justice in the EU. … Read more
EU Judicial Cooperation