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Report on the Protection of Human Rights Defenders 
29 September 2023
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
The EU Fundamental Rights Agency released a report on protecting human rights defenders at risk. It explores the difficulties defenders face and outlines prospects of a more consistent EU approach. Read more
EU Fundamental Rights Agency for Fundamental Rights (FRA)
AG: Belgian Law Must Provide Right to an Effective Judicial Remedy against Supervisory Authority 
9 August 2023 (updated 2 years, 5 months ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 2/2023
In her opinion of 15 June 2023, AG Medina scrutinizes Belgian legislation in the field of law enforcement providing only indirect access to data subjects' rights via the supervisory data protection authority. From the perspective of EU law, what is critical is that the individual has no effective judicial remedy against the supervisory authority. Read more
EU Fundamental Rights Data Protection
ECJ Rules on Automatic Penalties for Conflict-of-Interest Situations in Leading Administrative Positions 
8 August 2023
Simon Haupt Simon Haupt
EU law does not preclude a person from being prohibited from all elective public office for three years if he / she has infringed the rules relating to conflicts of interest by holding such office. This statement was made by the ECJ in its judgement … Read more
EU Fundamental Rights Procedural Safeguards
EP Recommendation on Lessons Learned from Misused Spyware 
31 July 2023
Thomas Wahl Thomas Wahl
In a recommendation of 15 June 2023, the EP sets up EU standards for the use of spyware. The recommendations endorse the conclusions drawn by the Pegasus scandal which was investigated by a respective Committee of Inquiry since May 2022. Read more
EU Fundamental Rights Data Protection
Hungary: Rule-of-Law Developments January – April 2023 
28 June 2023 (updated 2 years, 7 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2023
This news item continues the overview of previous eucrim issues reporting on recent rule-of-law developments in Hungary (as far as they relate to European law). The overview follows up the one in eucrim 3/2022, 169-170. Read more
EU Fundamental Rights Rule of Law
Poland: Rule-of-Law Developments January – April 2023 
27 June 2023 (updated 3 years, 1 month ago)
Thomas Wahl Thomas Wahl in Issue 1/2023
This news item continues the overview of rule-of-law development in Poland (as far as they relate to Europen law) from 1 January to 30 April 2023. They follow-up the last update in → eucrim 4/2022, 222-223. Read more
EU Fundamental Rights Rule of Law
Discussion and Criticism of Proposal to Prevent and Combat Child Sexual Abuse 
15 June 2023 (updated 2 years, 9 months ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 1/2023
The EP's rapporteur published a draft report on the on the controversial Commission proposal for a regulation to prevent and combat child sexual abuse. While the rapporteur generally welcomed the Commission's approach, the European Parliament's Research Service raised concerns about privacy and technical implications in a study published in April 2023. Read more
EU Fundamental Rights Legislation European Parliament Commission Cybercrime
Spotlight CJEU Rules on Suspension of European Arrest Warrant in Case of Serious Illness 
14 June 2023
Thomas Wahl Thomas Wahl
On 18 April 2023, the CJEU took another important decision on the handling of EAWs if fundamental rights of the requested person are at stake. It decided that a manifest risk endangering the person’s health can justify temporary suspension of his/her surrender. The executing judicial authority is obliged to ask the issuing authority for information concerning the conditions in which it intends to prosecute or detain that person. Read more
EU Fundamental Rights European Arrest Warrant
Spotlight CJEU Upholds Restrictive Fundamental Rights Jurisprudence on the EAW in Catalan Surrender Cases 
14 June 2023 (updated 2 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2023
The CJEU ruled in the legal battle between the Spanish Supreme Court and Belgian courts regarding the surrender of escaped Catalan politicians after the illegal referendum in Catalonia in 2017. The CJEU clarified that Belgian courts could not refuse the Spanish EAWs on the ground that the criminal court in Spain does not have jurisdiction to try the persons concerned. The judgment has huge importance on fundamental rights checks in the EAW mechanism. Read more
EU Fundamental Rights European Arrest Warrant
Council Emphasises Civic Space in Protecting and Promoting Fundamental Rights 
31 March 2023
Thomas Wahl Thomas Wahl
On 10 March, the JHA Council adopted conclusions on the role of the civic space in protecting and promoting fundamental rights in the EU. The conclusions emphasise the essential role freedom of association plays in ensuring a democratic and pluralist society and the proper functioning … Read more
EU Fundamental Rights
FRA Report on Use of AI in Predictive Policing and Offensive Speech Detection 
8 March 2023 (updated 1 year ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 1/2023
A new report from the EU Agency for Fundamental Rights looks at the use of artificial intelligence in predictive policing and offensive speech detection. It demonstrates how bias in algorithms appears and how it can affect people’s lives. Read more
EU Fundamental Rights Artificial Intelligence (AI) Agency for Fundamental Rights (FRA)
European Declaration on Digital Rights and Principles Signed 
8 February 2023
Dr. Anna Pingen Dr. Anna Pingen
On 15 December 2022, the European declaration on digital rights and principles was signed by the Presidents of the Commission, the European Parliament and the Council, reflecting the shared political commitment of the EU and its Member States to promote and implement the rights and principles in all areas of digital life. It aims to promote a sustainable, human-centric vision for the digital transformation. Read more
EU Fundamental Rights Data Protection
Poland: Rule-of-Law Developments November-December 2022 
26 January 2023 (updated 3 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2022
This news item continues the overview of recent rule-of-law developments in Poland (as far as they relate to European law) since the last update in eucrim 3/2022, 168-169. Read more
EU Fundamental Rights Rule of Law
Spotlight CJEU: No Unrestricted Access to Data of Beneficial Owners 
10 January 2023 (updated 2 years, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2022
On 22 November 2022, the CJEU, sitting in for the Grand Chamber, declared the current provision of the Anti-Money Laundering Directive invalid by which the general public had nearly unrestricted access to data of beneficial owners. Read more
EU Fundamental Rights Money Laundering Data Protection
AG: Postponement of Surrender in Case of Serious Health Risk 
15 December 2022 (updated 3 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2022
According to AG Sánchez-Bordona, a serious heath risk to a person subject to surrender by means of a European Arrest Warrant may justify a postponement of surrender, but not a refusal to execute the EAW with no further justification. The executing authority is obliged to communicate with the issuing authority. Read more
EU Fundamental Rights European Arrest Warrant
CJEU: Notification Obligation for Lawyer-Intermediaries under DAC 6 Invalid 
15 December 2022
Thomas Wahl Thomas Wahl
On 8 December 2022, the CJEU (sitting in for the Grand Chamber) declared a provision of Directive 2011/16 invalid, according to which a lawyer must inform other intermediaries involved in a tax arrangement of his/her duty to report. Read more
EU Fundamental Rights Tax Evasion