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Cooperation with Latin-American Partners 
20 May 2021
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
During a high-level online meeting of the Europe Latin America Technical Assistance Programme against Transnational Organized Crime (EL PAcCTO) and Eurojust, that was held on 5 March 2021, the partners agreed to expand their cooperation by establishing Contact Points to assist with judicial cross-border cooperation. … Read more
EU Eurojust Judicial Cooperation
Spotlight EP Adopted Own Report on EAW Implementation 
25 March 2021 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl
On 20 January 2021, the European Parliament adopted its own initiative report on the implementation of the European Arrest Warrant. While MEPs consider that the EAW is “generally a success” and has “positive effects on the maintenance of the AFSJ,” they believe that the time is ripe to improve and update the instrument, particularly since digital transformations have changed the ecosystem of crime. Read more
EU European Arrest Warrant Judicial Cooperation
CJEU Maintains Petruhhin Doctrine: Extradition of EU Citizens to Third States Only in Agreement with Member State of Nationality 
8 February 2021 (updated 5 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2020
In its judgment of 17 December 2020, the CJEU confirmed the case law established in the 2016 Petruhhin judgment. Extradition of EU citizens to third countries can only be established in agreement with the EU Member State of nationality. The CJEU seized, however, the obligations for the requested Member State and the Member State of nationality within the consultation procedure. Read more
EU European Arrest Warrant Judicial Cooperation
Follow-up to Petruhhin Doctrine: Eurojust and EJN Map Problems 
8 February 2021 (updated 4 years, 3 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. / Thomas Wahl Thomas Wahl in Issue 4/2020
At the beginning of December 2020, Eurojust and the EJN published a joint report on the extradition of EU citizens to third countries. The report identifies the main issues arising in practice with the consultation procedure that has been established by the CJEU in its 2016 Petruhhin judgement in cases where an EU Member State is faced with an extradition request from a third country concerning a citizen of another EU Member State. Read more
EU European Arrest Warrant Judicial Cooperation
Council: Summary on Impact of COVID-19 on Judicial Cooperation in Criminal Matters 
19 January 2021
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
At the end of October 2020, the General Secretariat of the Council published an executive summary, compiling the information received from Eurojust and the European Judicial Network (EJN) on judicial cooperation in criminal matters as regards the impact of measures taken by governments of … Read more
EU Corona Judicial Cooperation
Draft for EP Resolution on EAW 
28 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 3 September 2020, MEP Javier Zarzalejos (EPP, ES), member of the LIBE Committee, presented the first draft of a resolution by the EP on the implementation of the European Arrest Warrant. According to Zarzalejos, the EAW system is a success, and the limited … Read more
EU European Arrest Warrant Judicial Cooperation
EAW and Ireland: Commission Initiates Infringement Procedure 
28 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
In October 2020, the Commission initiated an infringement procedure against Ireland for not complying with the FD EAW. The Commission believes that Ireland has failed to comply with the mandatory time limits for executing EAWs. In addition, the Commission criticises that Ireland introduced additional grounds … Read more
EU European Arrest Warrant Judicial Cooperation
Legal Experts Call for Political Intervention after EAW Suspensions 
28 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
Against the background that more and more national courts tend to suspend cooperation with Poland due to rule of law concerns, the Meijers Committee – an independent group of experts on international immigration, refugee and criminal law –urge politicians to increase pressure on the concerned … Read more
EU European Arrest Warrant Judicial Cooperation
AG: No Automatic Non-Execution of EAWs Issued by Poland 
28 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
At the end of July 2020, the Rechtbank Amsterdam referred to the CJEU the question of whether the "real risk" of an unfair trial due to the lack of independence of the Polish judiciary could justify a general ban on the execution of European Arrest … Read more
EU European Arrest Warrant Judicial Cooperation
CJEU Delivers Judgment on Speciality Rule 
28 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 24 September 2020, the CJEU ruled on a reference from the German Federal Court of Justice (Bundesgerichtshof) in an urgent preliminary ruling procedure (Case C-195/20 PPU [Generalbundesanwalt beim Bundesgerichtshof v XC]). The case concerned interpretation of the speciality rule … Read more
EU Court of Justice of the European Union (CJEU) European Arrest Warrant Judicial Cooperation
New Translation of German Act on International Cooperation in Criminal Matters Published 
28 December 2020
Thomas Wahl Thomas Wahl
The Federal Ministry of Justice and Consumer Protection in collaboration with the Federal Office of Justice published a new translation of the German Act on International Mutual Assistance in Criminal Matters (Gesetz über die internationale Rechtshilfe in Strafsachen - IRG). The translation not only includes … Read more
EU Judicial Cooperation
ECBA: Principles on the Use of Video-Conferencing in Criminal Cases 
28 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
In September 2020, the European Criminal Bar Association (ECBA) issued a statement setting out principles on the use of video-conferencing in criminal cases in a post-COVID-19 world. The ECBA observed that, faced with the challenges of the COVID-19 pandemic, judicial authorities in Europe … Read more
EU Judicial Cooperation
Advocate General: CJEU Should Give Up Petruhhin Decision 
28 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
AG Gerard Hogan recommends that his colleagues on the Luxembourg judges’ bench no longer follow the judgement in Petruhhin (C-182/15 à eucrim 3/2016, 131). The AG explains the legal and practical difficulties in the application of the maxim in the Petruhhin judgment (Opinion in Case C-398/19 (BY - extradition to Ukraine)). Read more
EU Judicial Cooperation
AG: Union Ne bis in idem Rules Shelter Union Citizens from Extraditions to Third Countries 
13 December 2020 (updated 5 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2020
Advocate General Bobek concludes that the fundamental principle of ne bis in idem, in conjunction with the right to free movement, precludes Member States from implementing a red notice issued by Interpol at the request of a third country and from restricting the freedom of movement of a citizen of the Union. Read more
EU Judicial Cooperation Ne bis in idem
German Court Links Petruhhin Doctrine with ne bis in idem and Boosts Common European Criminal Law 
9 August 2020 (updated 2 years, 4 months ago)
Thomas Wahl Thomas Wahl
A German court transferred the principles on extradition of EU citizens to third countries (as established by the CJEU) to the privilege not to be prosecuted twice. In the case at issue before the Higher Regional Court of Frankfurt am Main, the USA requested … Read more
EU Judicial Cooperation Ne bis in idem
Council Discusses Extradition of EU Citizens to Third Countries 
9 August 2020 (updated 6 years, 1 month ago)
Thomas Wahl Thomas Wahl
At a video conference meeting on 4 June 2020, the ministers of justice of the EU Member States exchanged views on the issue of extradition of EU citizens to third countries. Several questions remain as to how judgements from the CJEU in recent years, … Read more
EU Judicial Cooperation