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Fundamental Rights
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General Court Orders Compensation for Damage Caused by OLAF Press Release
14 October 2025
(updated 11 months, 2 weeks ago)
Thomas Wahl
in Issue
3/2025
On 1 October 2025, the General Court ruled in favour of a Greek academic researcher who claimed that she was entitled to compensation for the damage she allegedly suffered following the publication, on 5 May 2020, of a press release from the European Anti-Fraud Office (OLAF) in that it unlawfully processed her personal data and conveyed false information about her.
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EU
Fundamental Rights
OLAF
Data Protection
General Court Confirms Adequacy of U.S. Data Protection
3 October 2025
Dr. Anna Pingen
/
Thomas Wahl
in Issue
2/2025
On 3 September 2025, the General Court (GC) dismissed an action seeking annulment of the Commission’s adequacy decision of 10 July 2023 (Decision EU 2023/1795), namely that the United States of America ensure an adequate level of protection for personal data transferred from the EU under the EU-US Data Privacy Framework.
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EU
Fundamental Rights
Court of Justice of the European Union (CJEU)
Data Protection
Spotlight
ECJ Clarifies Principle Lex Posterior Mitius
2 October 2025
Thomas Wahl
in Issue
2/2025
In its judgment in BAJI Trans of 1 August 2025, the ECJ provided important clarifications on the scope and application of the principle that the more lenient law should apply in criminal cases. This so-called principle lex posterior mitius is enshrined in the last sentence of Art. 49(1) of the Charter of Fundamental Rights of the EU.
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EU
Fundamental Rights
Area of Freedom, Security and Justice
Court of Justice of the European Union (CJEU)
AG: Domestic Enforcement in the Event of Refusal to Surrender on Grounds of Fundamental Rights
22 September 2025
(updated 3 months, 3 weeks ago)
Thomas Wahl
in Issue
2/2025
According to an opinion by AG Rantos, published on 10 July 2025, an EU Member State, which refuses to execute a European Arrest Warrant on the grounds that there is a risk of violation of the fundamental rights of the persons concerned in the issuing Member State, is obliged to order the enforcement of the sentence on its own territory.
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EU
Fundamental Rights
European Arrest Warrant
Taking Account of Convictions
Transfer of Sentenced Persons
Frontex Fundamental Rights Officer's 2024 Report
19 August 2025
(updated 1 year, 1 month ago)
Cornelia Riehle LL.M.
in Issue
2/2025
On 21 July 2025, the independent Frontex's Fundamental Rights Officer (FRO) has published his 2024 Annual Report. It offers a view of how rights are being protected at the EU’s external borders and where concerns remain.
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EU
Fundamental Rights
Frontex
AG: High Hurdles for Executing Authority to Refuse Videoconference Hearing
8 August 2025
Thomas Wahl
in Issue
2/2025
In his opinion of 26 June 2025 on a case concerning the interpretation of the EIO Directive's provisions of videoconference hearings and the temporary transfer of persons in custody, AG Rantos advises that the ECJ strengthens the position of the issuing authority from Italy and declares incompatible the refusal by the executing Belgian authorities.
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EU
Fundamental Rights
European Investigation Order
Judicial Cooperation
Update of Online Criminal Detention Database Released
1 August 2025
Cornelia Riehle LL.M.
in Issue
2/2025
On 20 May 2025, the European Union Agency for Fundamental Rights (FRA) released an updated version of its online criminal detention database. Originally launched in 2019, the database provides information about detention conditions in EU countries.
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EU
Fundamental Rights
Agency for Fundamental Rights (FRA)
European Arrest Warrant
Judicial Cooperation
Vision of the Frontex Fundamental Rights Office
15 July 2025
Cornelia Riehle LL.M.
in Issue
2/2025
On 19 June 2025, Frontex's Fundamental Rights Office outlined the identity, values, and core dimensions of its work. The paper entitled "Vision" is the long-term strategy of Frontex's Fundamental Rights Office outlining the path towards the protection, promotion and monitoring of fundamental rights in Frontex's activities.
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EU
Fundamental Rights
Frontex
Annual Report 2024: Frontex Consultative Forum on Fundamental Rights
30 June 2025
Cornelia Riehle LL.M.
in Issue
2/2025
On 10 June 2025, the Frontex Consultative Forum on Fundamental Rights published its twelfth Annual Report. The report outlines the main observations and recommendations that the Consultative Forum shared with Frontex and its management board throughout 2024, with the aim of strengthening the protection of …
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EU
Fundamental Rights
Frontex
ECJ Ruled on EAW Comepting with Extradition Request
6 June 2025
Thomas Wahl
in Issue
1/2025
On 20 March 2025, the ECJ delivered its judgment in Case C-763/22 (Procureur de la République v OP). The case concerned a decision by an EU Member State to resolve a conflict between a European Arrest Warrant and an extradition request relating to …
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EU
Fundamental Rights
European Arrest Warrant
Judicial Cooperation
Statewatch: The EU Security AI Complex Must Be Questioned
30 May 2025
Thomas Wahl
in Issue
2/2025
In April 2025, Statewatch published a report entitled "Automating Authority - Artificial Intelligence in European Police and Border Regimes". The report explores the scene how police, border and criminal justice agencies take advantage of AI tools for their daily work and how the EU creates …
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EU
Fundamental Rights
Artificial Intelligence (AI)
Police Cooperation
ECJ: Surrender to UK Can Be Done Despite Hardening of Conditions for Release
27 May 2025
Thomas Wahl
in Issue
1/2025
On 3 April 2025, the ECJ ruled in Case C-743/24 (Alchaster II) that a hardening of the conditions for release on licence from custody against a requested person does not, in principle, preclude surrender of that person from an EU country to the UK.
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EU
Fundamental Rights
Judicial Cooperation
Civil Rights Organisations Criticise Predictive Policing Projects
22 May 2025
Thomas Wahl
in Issue
1/2025
In April 2025, civil liberties, human rights and justice organisations and experts voiced their concerns over the development of the use of predictive policing systems by national police forces and the concerning development of AI-supported automated police decision-making systems.
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EU
Fundamental Rights
Artificial Intelligence (AI)
Digital Space Regulation
Police Cooperation
Secretive Security AI Agenda Sparks Concern Over Civil Liberties
13 May 2025
Dr. Anna Pingen
in Issue
1/2025
A new Statewatch report reveals that the EU and its Member States have quietly expanded efforts to deploy so-called “security AI" technologies. According to the authors, this development occurred largely outside public scrutiny, despite its far-reaching implications for privacy and civil liberties.
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EU
Fundamental Rights
Artificial Intelligence (AI)
Police Cooperation
2024 Annual Report on Execution of ECtHR Judgments
7 April 2025
Thomas Wahl
in Issue
1/2025
On 19 March 2025, the Committee of Ministers of the Council of Europe published its annual report on the supervision of the execution of judgments and decisions of the ECtHR in 2024. The report includes country-by-country information on new cases, pending cases and cases closed …
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Council of Europe
Fundamental Rights
European Court of Human Rights
ECJ: Double Penalties for an Energy Company May be Justified
28 February 2025
Thomas Wahl
in Issue
1/2025
On 30 January 2025, the ECJ ruled on the limitation of the ne bis in idem principle (Art. 50 CFR) in case of two fines imposed on an economic operator in administrative proceedings. The ruling consolidates the ECJ's case law on the interpretation of Art. 50 CFR for administrative punitive proceedings.
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EU
Fundamental Rights
Ne bis in idem
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