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ECJ Ruled on Waiver of Right to Legal Representation 
25 June 2024 (updated 3 months, 2 weeks ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 2/2024
On 14 May 2024, the ECJ issued a ruling clarifying the interpretation and application of Directive 2013/48/EU, which deals with the right of access to a lawyer in criminal proceedings. The case concerned criminal proceedings in Bulgaria in which the defendant was not properly advised on the waiver of his right to legal representation. Read more
EU Fundamental Rights Procedural Safeguards
CCBE Calls for Promotion of a Fair Justice System in Europe 
9 April 2024
Dr. Anna Pingen Dr. Anna Pingen in Issue 1/2024
In anticipation of the 2024 European Parliament elections and the next European Commission, the Council of Bars and Law Societies of Europe (CCBE) issued a manifesto urging EU institutions to uphold and enforce a fair and effective judicial system grounded in justice, fundamental rights, and … Read more
EU Fundamental Rights Rule of Law Procedural Safeguards
Parliament's Call for Action on Erosion of EU Values 
28 March 2024
Dr. Anna Pingen Dr. Anna Pingen in Issue 1/2024
On 28 February 2024, the European Parliament expressed significant concerns over the erosion of democratic principles, the rule of law, and fundamental rights across several EU Member States. In its resolution on the European Commission’s 2023 Rule of Law report, the Parliament highlighted both progress … Read more
EU Fundamental Rights Rule of Law European Parliament
Threats to Key Freedoms: New EP Report on Situation of Fundamental Rights in the EU 
20 March 2024
Dr. Anna Pingen Dr. Anna Pingen in Issue 4/2023
The EP's annual fundamental rights report for 2022-2023 finds threats to key freedoms and EU values, notably media freedom, corruption and individual liberties. Specific recommendations were made for Hungary, Poland, Greece, Cyprus, and Spain. Read more
EU Fundamental Rights European Parliament Racism and Xenophobia
Spotlight ECJ: EAW Must in Principle Also Be Executed against a Mother of Young Children 
12 March 2024 (updated 1 year, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2023
On 21 December 2023, the ECJ, sitting in for the Grand Chamber, ruled in Case C-261/22 (GN) that the surrender of a person requested by a European Arrest Warrant cannot be refused on the sole ground that she is the mother of young children. Thus, the ECJ reaffirmed its case law on the protection of fundamental rights in the context of Framework Decision 2002/584 on the European arrest warrant. Read more
EU Fundamental Rights European Arrest Warrant
General Court Judgments on Anti-War Sanctions 
21 February 2024 (updated 2 years, 6 months ago)
Dr. Anna Pingen Dr. Anna Pingen / Thomas Wahl Thomas Wahl in Issue 4/2023
This news item provides an overview of recent judgments by the General Court on actions brought against the EU's sanction regime against Russia. Read more
EU Fundamental Rights Ukraine conflict
ECJ: Deficiencies in Fair Trial Protection Can Block Recognition of Custodial Sentence 
2 February 2024 (updated 2 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2023
If there are deficiencies in the rule of law, which have an impact on the concrete criminal decision, not only extradition but also the execution of a prison sentence can be refused. This was decided by the ECJ on 9 November 2023 upon a referral by the Regional Court of Aachen (Germany). Read more
EU Fundamental Rights Transfer of Sentenced Persons
Balancing Privacy and Scrutiny: GDPR in the Spotlight as Parliamentary Inquiries Unfold 
1 February 2024 (updated 2 years, 5 months ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 4/2023
In its judgment of 16 January 2024, the ECJ clarified to which extent a parliamentary inquiry committee that scrutinizes national security activities is subject to the obligation under the General Data Protection Regulation (GDPR) and to which extent compliance with the GDPR must be monitored … Read more
EU Fundamental Rights Data Protection
2023 Report on Application of the Charter of Fundamental Rights in the EU 
15 January 2024 (updated 7 months, 2 weeks ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 4/2023
On 4 December 2023, the Commission published the 2023 annual report on the application of the EU Charter of Fundamental Rights. It gives an overview of the relevant legal EU framework in place by describing recent developments (2020-2023) and presents both achievements and challenges in the EU Member States. Read more
EU Fundamental Rights Commission
Council Conclusions on Digital Empowerment 
4 December 2023
Thomas Wahl Thomas Wahl
On 20 October 2023, the JHA Council adopted conclusions on digital empowerment to protect and enforce fundamental rights in the digital age. They highlight the importance of ensuring that fundamental rights of citizens are preserved and protected in an increasingly digitalised world. Read more
EU Fundamental Rights Data Protection
ECJ: Bulgarian Penalty for Trade Mark Infringement Disproportionate 
20 November 2023 (updated 2 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2023
In its judgment of 19 October 2023 in Case C-655/21 (G. St. T.), the ECJ interpreted the principles of legal certainty and proportionality as enshrined in Art. 49(1) and (3) CFR in the context of the incrimination of trade mark infringements under Bulgarian law. Read more
EU Fundamental Rights Counterfeiting & Piracy
Rule of law developments in Poland: May-October 2023 
14 November 2023
Thomas Wahl Thomas Wahl
This news item continues the overview of rule-of-law developments in Poland (as far as they relate to European law) from 1 May to 31 October 2023. They follow up the overview in → eucrim 1/2023, 4-5. Read more
EU Fundamental Rights Rule of Law
Russian Business Couple Fails before EU Court 
6 October 2023
Thomas Wahl Thomas Wahl
On 6 September 2023, in Cases T-270/22 and T-272/22, the General Court of the European Union (GC) dismissed the actions brought by Dmitry Alexandrovich Pumpyanskiy and Galina Evgenyevna Pumpyanskaya against the restrictive measures adopted against them by the Council.By decision of the Council … Read more
EU Fundamental Rights Ukraine conflict
Spotlight ECJ: EAW Requires Equal Treatment of Third-Country Nationals 
2 October 2023
Thomas Wahl Thomas Wahl
According to the ECJ's Grand Chamber judgment, the option of refusing to execute a European Arrest Warrant in order for the sentence to be executed in the Member State of residence must be equally applicable to third-country nationals The judicial authority must assess whether there is a legitimate interest justifying the execution in its territory of the sentence imposed in the issuing Member State. Read more
EU Fundamental Rights European Arrest Warrant
Commission Formally Closes Cooperation and Verification Mechanism for Bulgaria and Romania 
2 October 2023
Thomas Wahl Thomas Wahl
On 15 September 2023, the European Commission formally closed the Cooperation and Verification Mechanism (CVM) for Bulgaria and Romania. The Commission concluded that all benchmarks had been satisfactorily met by both Member States. Read more
EU Fundamental Rights Rule of Law Corruption Organised Crime
AG: Best Interest of Child Must Guide Decision to Execute EAW 
29 September 2023 (updated 2 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2023
According to Advocate General Ćapeta the execution of a European Arrest Warrant issued against a mother of small children may be refused when that is in the best interest of the child. Such a refusal is possible only if, after having contacted the issuing authority, the executing authority does not have sufficient information in order to be absolutely certain that the execution of the EAW would not go against the best interest of the child. Read more
EU Fundamental Rights European Arrest Warrant