Search and filter

News Guide

Region
Foundations 1 selected
Institutions
Specific Areas of Crime
Procedural Criminal Law
Cooperation

Publication

Year
Type
Clear all

News

221 results

CJEU: Polish Retirement Rules at Ordinary Court Level Contrary to EU Law 
11 January 2020 (updated 6 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 5 November 2019, the Grand Chamber of the CJEU declared that another issue of the Polish justice reform was not in line with EU law. After having ruled on 24 June 2019 that lowering the retirement age of the Supreme Court judges is contrary … Read more
EU Fundamental Rights Court of Justice of the European Union (CJEU)
CJEU Rules on Independence of Poland’s Disciplinary Chamber of the Supreme Court 
11 January 2020 (updated 6 years, 8 months ago)
Thomas Wahl Thomas Wahl
In its judgment of 19 November 2019, the Grand Chamber of the CJEU established criteria under which the new Disciplinary Chamber of the Polish Supreme Court can be considered independent and impartial. The judgment is based on a reference for a preliminary ruling brought by … Read more
EU Fundamental Rights Court of Justice of the European Union (CJEU)
Council Updates EU Guidelines Against Torture and Ill-Treatment 
11 January 2020
Thomas Wahl Thomas Wahl
On 16 September 2019, the Council adopted revised Guidelines on EU policy towards third countries on torture and other cruel, inhuman, or degrading treatment or punishment. The purpose of the Guidelines is to provide practical guidance to EU institutions and Member States, which can be … Read more
EU Fundamental Rights Human Rights Issues
Council: EU Should Accede to ECHR 
11 January 2020 (updated 6 years, 8 months ago)
Thomas Wahl Thomas Wahl
At their Council meeting on 7 October 2019, the ministers of justice of the EU Member States reaffirmed the EU’s commitment to acceding to the European Convention on Human Rights (ECHR). The ministers also agreed to supplementary negotiating directives. They will be addressed to … Read more
EU Fundamental Rights Human Rights Issues
10th Anniversary of Charter: Council Conclusions 
11 January 2020 (updated 6 years, 8 months ago)
Thomas Wahl Thomas Wahl
On the occasion of the 10th anniversary of the Charter of Fundamental Rights, the JHA Council adopted conclusions on the Charter, their state of play, and future work. At its meeting on 7 October 2019, the ministers of justice of the EU Member … Read more
EU Fundamental Rights Council
Report
12th EU-Criminal Law Workshop, October 18-19, 2019, Bonn: "Is the rule of law falling apart in Europe?“  Tagungsbericht zum 12. EU-Strafrechtstag – „Geht der Rechtsstaat in Europa unter?“
25 November 2019 (updated 4 years, 10 months ago)
in Issue 3/2019
Criminal defense attorneys met for the 12th time in Bonn/Germany to discuss current challenges in the fields of criminal law and criminal procedure in the European Union. Numerous legal practitioners as well as judges and legal scholars working in the field of European criminal law analysed whether current developments involving the Europeanization of substantive criminal law and criminal procedure still allow constitutional developments. Read more
EU Fundamental Rights Rule of Law Area of Freedom, Security and Justice
Reference for Preliminary Ruling on Data Protection and Judicial Independence 
10 September 2019
Thomas Wahl Thomas Wahl
The Administrative Court of Wiesbaden, Germany referred two questions for a preliminary ruling to the CJEU that deal with Regulation 2016/ 679 ‒ the General Data Protection Regulation (GDPR) – and the independence of the judiciary in the federal state of Hesse. Read more
EU Fundamental Rights Data Protection
Commission: Rule-of-Law-Related Infringement Actions Against Hungary 
9 September 2019 (updated 4 years, 10 months ago)
Thomas Wahl Thomas Wahl
On 25 July 2019, the Commission decided to launch an action before the CJEU against Hungary for not fulfilling its obligations under EU law, because Hungary has not changed its so-called “Stop Soros” legislation. The law criminalises activities in support of asylum applications and further restricts the right to request asylum. Read more
EU Fundamental Rights Rule of Law
Commission Advances Infringement Procedure Against New Disciplinary Regime for Polish Judges 
9 September 2019
Thomas Wahl Thomas Wahl
On 17 July 2019, the Commission took the next step in the infringement procedure against Poland, eyeing the Polish law that introduced a new disciplinary regime for ordinary court judges. Read more
EU Fundamental Rights
AG: Poland’s New Disciplinary Chamber of the Supreme Court Incompatible with EU Law 
9 September 2019
Thomas Wahl Thomas Wahl
On 27 June 2019, Advocate General Tanchev delivered his opinion on a reference for a preliminary ruling brought by the Polish Supreme Court (Joined Cases C‑585/18, C‑624/18 and C‑625/18). The referring court casts doubt as to whether the newly created Disciplinary Chamber of the Supreme Court meets the requirements of independence under EU law. Read more
EU Fundamental Rights
AG: Polish Reform Introducing New Retirement Rules for Judges Incompatible with EU Law 
9 September 2019
Thomas Wahl Thomas Wahl
On 20 June 2019, Advocate General Tanchev presented his opinion on whether the new retirement rules for Polish judges and prosecutors violate EU law. The case (C-192/18) is an action for failure to fulfil obligations (Art. 258 TFEU). Read more
EU Fundamental Rights
CJEU: Polish Supreme Court Reform Infringes EU Law 
9 September 2019
Thomas Wahl Thomas Wahl
On 24 June 2019, the CJEU ruled that the Polish reform lowering the retirement age of the Supreme Court judges is contrary to EU law (Case C-619/18). The Court reviewed the Polish reform law in light of Art. 19(1) subpara. 2 TEU. Read more
EU Fundamental Rights
Council: Debate on Rule of Law from Justice Perspective 
9 September 2019 (updated 4 years, 10 months ago)
Thomas Wahl Thomas Wahl
In light of a discussion paper by the Finnish Council Presidency, the Ministers of Justice of the EU Member States held a policy debate on strengthening the rule of law ‒ from the perspective of the justice sector. Read more
EU Fundamental Rights Rule of Law
Fundamental Rights Report 2019 
9 September 2019
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
In June 2019, FRA published its fundamental rights Report 2019. The 2019 report places special emphasis on the interrelationship between human rights and the UN’s Sustainable Development Goals (SDGs) in an EU context. Read more
EU Fundamental Rights Agency for Fundamental Rights (FRA)
Spotlight Commission Presents New Concept to Strengthen Rule of Law 
9 September 2019 (updated 4 years, 10 months ago)
Thomas Wahl Thomas Wahl
On 17 July 2019, the European Commission adopted a set of actions to further strengthen the rule of law in Europe. Key aspects are increased awareness, an annual monitoring cycle, and more effective enforcement. Read more
EU Fundamental Rights Rule of Law
CCBE: Recommendations on Protection of Fundamental Rights in “National Security” Context 
17 June 2019
Thomas Wahl Thomas Wahl
The concept of “national security” is often used in modern democratic societies to justify intrusive surveillance measures or other interference in an individual’s fundamental rights. A universally accepted definition of national security is lacking, however, which makes it difficult for courts to review state actions … Read more
EU Fundamental Rights