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Annual Report 2025: Frontex Consultative Forum on Fundamental Rights 
2 July 2026 (updated 2 months, 2 weeks ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 1/2026
On 2 June 2026, the Frontex Consultative Forum on Fundamental Rights published its thirteenth Annual Report. The report outlines the main observations and recommendations shared by the Consultative Forum with Frontex and its Management Board throughout 2025.The recommendations are aimed at strengthening the … Read more
EU Fundamental Rights Frontex
Spotlight ECJ: Executing Member State Must Ensure Enforcement of Custodial Sentence if it Denies Surrender due to Fundamental Rights Grounds 
16 June 2026 (updated 3 months, 3 weeks ago)
Thomas Wahl Thomas Wahl in Issue 1/2026
On 4 June 2026, the Grand Chamber judgment of the ECJ concluded: If an EU Member State refuses the surrender of persons due to poor detention conditions in the EU Member States that sentenced them, the refusing Member State is required to enforce the prison sentence on its own territory. The main aim must be to avoid impunity of the requested person. Read more
EU Fundamental Rights European Arrest Warrant Taking Account of Convictions
AG: Questioning Without a Lawyer after Deadline for Appearing Has Passed Contravenes EU Law 
1 June 2026
Dr. Anna Pingen Dr. Anna Pingen in Issue 1/2026
In two parallel infringement proceedings against Hungary and the Czech Republic, AG Tamara Ćapeta concluded that both Member States have failed to correctly transpose Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings as their national legislations allow the questioning of suspects without a lawyer if the lawyer does not appear within a certain time period. Read more
EU Fundamental Rights Procedural Safeguards
ECJ: Speciality Rule in TCA is No Refusal Ground 
15 May 2026
Thomas Wahl Thomas Wahl in Issue 1/2026
On 23 April 2026, the ECJ held in Case C-528/24 (Boothnesse) that a possible infringement of the speciality rule - a basic concept in extradition law - by the issuing State does not constitute, in itself, a ground for the executing judicial authority to refuse the execution of an extradition arrest warrant. Read more
EU Fundamental Rights Judicial Cooperation Procedural Safeguards
Spotlight ECJ Clarifies Scope of and Fundamental Rights Refusal Ground in Confiscation Regulation 
12 May 2026
Dr. Anna Pingen Dr. Anna Pingen in Issue 1/2026
In the first judgment interpreting Regulation 2018/1805, the ECJ clarified whether the Regulation applies to confiscation orders issued in criminal proceedings that ended in an acquittal, but in which the court nevertheless ordered confiscation of property considered to be the proceeds of another criminal offence. Furthermore, the ECJ ruled on the ground for non-recognition due to a manifest breach of fundamental rights. Read more
EU Fundamental Rights Judicial Cooperation Freezing of Assets / Confiscation
Spotlight ECJ Clarifies Limits on Police Collection of Suspects' Biometrics 
30 April 2026
Dr. Anna Pingen Dr. Anna Pingen in Issue 1/2026
The ECJ ruled that a police authority may, in a criminal investigation, collect biometric data solely on the ground that that collection is strictly necessary. The ruling puts a stop to the practice of taking biometric data by law enforcement authorities in a routine way. Read more
EU Fundamental Rights Data Protection
Assessing Fundamental Rights Risks in High-Risk AI Systems 
24 February 2026
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 4/2025
A new report by the FRA assessed how the EU AI Act can be used to ensure effective protection of fundamental rights. The FRA examined the challenges associated with the use of AI in critical domains, including education, employment, migration, law enforcement, and public (social) benefits. Read more
EU Fundamental Rights Artificial Intelligence (AI) Agency for Fundamental Rights (FRA) Law Enforcement Cooperation
AG Opinion: Refusal of EAW in Case of Disproportionate Sentence 
18 February 2026
Thomas Wahl Thomas Wahl in Issue 4/2025
In his Opinion in Case C-583/24 (Tagu) released on 22 January 2026, Advocate General (AG) Richard de la Tour addressed the question of whether the threat of enforcement of a manifestly disproportionate custodial sentence can prevent surrender on the basis of a European arrest warrant (EAW). Read more
EU Fundamental Rights European Arrest Warrant
EU Council Moves Ahead on Data Sharing for US Border Purposes 
12 February 2026
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 4/2025
On 16 December 2025, the Council adopted a Decision formally opening the way for negotiations on a comprehensive framework agreement between the EU and the United States of America on the exchange of information for security screenings and identity verifications related to border procedures and visa applications. Read more
EU Fundamental Rights Council European Data Protection Supervisor (EDPS) Data Protection
Spotlight ECJ Rules on Frontex Obligations in Joint Return Operations and Pushbacks 
2 February 2026
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 4/2025
On 18 January 2025, upon appeal, the Grand Chamber of the ECJ largely set aside two judgments of the General Court that declined Frontex's liability for damages in the context of joint return operations and pushbacks from Greece to Türkiye. The ECJ's judgments are likely to send a strong signal taking account of the changing role of the European Border and Coast Guard Agency. Read more
EU Fundamental Rights Frontex
ECJ Clarifies GDPR Information Duties for Body Cameras in Public Transport 
30 January 2026
Dr. Anna Pingen Dr. Anna Pingen in Issue 4/2025
In its judgment in Storstockholms Lokaltrafik, the ECJ clarified which information obligations under the General Data Protection Regulation (GDPR) apply when personal data are collected through body cameras worn by ticket inspectors. Read more
EU Fundamental Rights Data Protection
EU JHA Heads Strengthen Fundamental Rights Compliance 
31 December 2025
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 4/2025
From 4 to 5 December 2025, the Heads of EU Justice and Home Affairs (JHA) Agencies met in Vienna to review joint achievements and align future cooperation with broader EU priorities. Read more
EU Fundamental Rights Area of Freedom, Security and Justice Europol Eurojust Frontex Agency for Fundamental Rights (FRA)
Protecting Applicants’ Rights Ahead of ETIAS Launch 
22 December 2025
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 4/2025
As preparations continue for the launch of the European Travel Information and Authorisation System (ETIAS) in autumn 2026, the ETIAS Fundamental Rights Guidance Board (EFRGB) (→eucrim 2/2024) is playing a key role in ensuring compliance with data protection and other fundamental rights. The … Read more
EU Fundamental Rights Area of Freedom, Security and Justice Schengen
AG Medina: Competition Authorities May Seize Business Emails without Prior Court Approval 
10 December 2025 (updated 8 months, 2 weeks ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 3/2025
According to AG Medina, compliance with the right to the protection of personal data does not require prior authorisation by a judicial authority in competition investigations provided that the seizure is subject to adequate and effective procedural safeguards. Read more
EU Fundamental Rights Data Protection
Frontex and EU Agencies Test New EU Screening Process 
10 November 2025
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 3/2025
In cooperation with Italian national authorities, the EU Agency for Asylum (EUAA), and Europol, Frontex conducted a two-week pilot exercise on Lampedusa in October 2025 to test the EU’s new screening process. This exercise was part of the preparatory measures for implementing the EU Pact … Read more
EU Fundamental Rights Schengen Europol Frontex
FRA Publishes Guidance on Fundamental Rights in Entry/Exit System Rollout 
4 November 2025
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 3/2025
With the gradual introduction of the Entry/Exit System (EES), which was rolled out on 12 October 2025 and is scheduled for full implementation by 10 April 2026 (→eucrim 2/2025, 111), the EU Agency for Fundamental Rights (FRA) published two new guides to support … Read more
EU Fundamental Rights Schengen Agency for Fundamental Rights (FRA)