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Commission Appreciates Romania’s Anti-Corruption Efforts and Closes CVM 
13 December 2022 (updated 2 years, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2022
On 22 November 2022, the Commission announced that it intends to no longer monitor Romania’s progress in judicial reforms and the fight against corruption under the Cooperation and Verification Mechanism (CVM). Monitoring will continue under the annual rule of law cycle. Read more
EU Fundamental Rights Rule of Law Corruption
2021 Report of the Consultative Forum on Fundamental Rights 
30 November 2022 (updated 2 years, 10 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 3/2022
On 17 October 2022, the Frontex Consultative Forum on Fundamental Rights published the annual report for the year 2021. The report outlines the main observations and recommendations that the Forum raised throughout the year with Frontex to strengthen fundamental rights protection in Frontex activities. Read more
EU Fundamental Rights Frontex
New 2022 Rule of Law Index 
23 November 2022 (updated 2 years, 7 months ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 3/2022
According to an analysis by the World Justice Project, 4.4 billion people live in a country where rule of law is declining. The adherence to the rule of law fell in 61% of countries, the 2022 WJP Rule of Law Index says. Read more
Fundamental Rights Rule of Law Human Rights Issues
Council Debates Impact of Judicial Training on Rule of Law 
14 November 2022
Thomas Wahl Thomas Wahl
At their meeting on 13 October 2022, the Minister of Justice of the EU Member States discussed a note from the Czech Council Presidency that deals with judicial training and its impact on access to justice in the context of the rule of law. Read more
EU Fundamental Rights Rule of Law
Hungary: Rule-of-Law Developments July-October 2022 
10 November 2022 (updated 3 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2022
This news item continues the overview of previous eucrim issues of recent rule-of-law developments in Hungary as far as they relate to European law (previous overview → eucrim 2/2022, 83-84). The overview covers the period from the second half of July until the end of October 2022. Read more
EU Fundamental Rights Rule of Law
Poland: Rule-of-Law Developments August-October 2022 
10 November 2022
Thomas Wahl Thomas Wahl
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 2-2022, 82-83. Read more
EU Fundamental Rights Rule of Law
Guidance for National Monitoring Mechanisms at External Borders 
2 November 2022 (updated 3 years, 10 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 14 October 2022, the Fundamental Rights Agency (FRA) published general guidance offering assistance to EU Member States in setting up independent mechanisms to monitor fundamental rights compliance at the EU's external borders. Read more
EU Fundamental Rights Agency for Fundamental Rights (FRA)
German Bundesrat: Statement on Proposal to Combat Child Sexual Abuse Online 
18 October 2022
Dr. Anna Pingen Dr. Anna Pingen
In an opinion of 5 October 2022, the German Bundesrat welcomed the Commission's objective to combat child sexual abuse online, but it also raises several criticisms regarding the draft EU Regulation. Read more
EU Fundamental Rights Artificial Intelligence (AI) Legislation Cybercrime
Situation of Fundamental Rights in the EU in 2020 and 2021 
10 October 2022
Dr. Anna Pingen Dr. Anna Pingen
On 15 September 2022, the European Parliament adopted a resolution on the situation of fundamental rights in the European Union in 2020 and 2021. In this text the MEPs assessed the state of fundamental values in the EU in 2020 – 2021 and identified areas of concern and proposed ways to protect freedom, equality and the rule of law more effectively. Read more
EU Fundamental Rights Rule of Law European Parliament
New Controversies around Proposal to Combat Child Sexual Abuse Online 
2 September 2022 (updated 2 years, 9 months ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 3/2022
The Commission's proposal to prevent and combat child sexual abuse online remains controversial. While more than 70 child rights organisations support the EU’s proposed law to protect children from sexual abuse in an open letter, the European Data Protection Board and the European Data Protection Supervisor pointed out the serious risk the proposal presents for fundamental rights in their Joint Opinion of 28 July 2022. Read more
EU Fundamental Rights Artificial Intelligence (AI) Legislation European Data Protection Supervisor (EDPS) Cybercrime
Spotlight Commission’s 2022 Rule of Law Report 
14 August 2022 (updated 3 years, 3 months ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 3/2022
On 13 July 2022, the Commission presented its third EU-wide Report on the Rule of Law. the Commission recognized that Russia’s military aggression against Ukraine and its people constituted a direct challenge to EU values and the rule-based world order. It includes an overview of the trends in the EU as a whole and 27 country chapters looking at developments in every Member State since July 2021. Read more
EU Fundamental Rights Rule of Law
Spotlight CJEU: PNR Directive Valid if Limited to the “Strictly Necessary” 
4 August 2022 (updated 1 year, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
In a landmark ruling of 21 June 2022, the CJEU (Grand Chamber), upheld the EU’s regime to collect and use records of travellers, provided that it is strictly interpreted in line with the EU’s fundamental rights. In addition, indiscriminate processing of the data in cases of flights carried out only within the EU is banned unless there is a threat of terrorism. In general, the passengers’ data must also be deleted after six months at the latest. Read more
EU Fundamental Rights Law Enforcement Cooperation Data Protection
ECA: Internal Border Control during Pandemic Largely Unjustified 
2 August 2022
Thomas Wahl Thomas Wahl
An ECA report concluded that the limitations of the legal framework hampered the Commission’s supervision of free movement restrictions imposed by the Member States during the COVID-19 pandemic in 2020/2021. Furthermore, the Commission did not exercise proper scrutiny to ensure that internal border controls complied with the Schengen legislation. Read more
EU Fundamental Rights Schengen
AG: EAWs Cannot Be Refused if there Are no Systemic & Generalised Deficiencies of Fair Trial Protection 
1 August 2022 (updated 3 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2022
In his opinion of 14 July 2022, AG Richard de la Tour took the view that a judicial authority cannot refuse to execute a European Arrest Warrant on the basis of the risk of violation of the right to a fair trial of the person sought if the existence of systemic or generalised deficiencies affecting the judicial system of the issuing Member State has not been demonstrated. Read more
EU Fundamental Rights European Arrest Warrant
CJEU Clarified Duplication of Punitive Administrative Proceedings in Competition Law 
30 June 2022 (updated 3 years, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
On 22 March, the CJEU (Grand Chamber) delivered two important judgments on the duplication of proceedings and penalties of a criminal nature in competition law. The Court specified the protection against double jeopardy provided in Art. 50 CFR. It clarified that the ne bis in idem guarantee has limits and is not absolute. In essence, criteria for the duplication of punitive proceedings developed in 2018 rulings are applied in competition law cases. Read more
EU Fundamental Rights Ne bis in idem
CJEU Ruled on Duplication of Criminal and Administrative Penalties in French System 
15 June 2022
Thomas Wahl Thomas Wahl
On 5 May 2022, the CJEU ruled on the limits of the ne bis in idem principle enshrined in Art. 50 CFR under the French legal system. Accordingly, EU law does not preclude a duplication of criminal penalties and administrative sanctions with a criminal nature if it is determined by national provisions and foreseeable settled case-law of the supreme court. Read more
EU Fundamental Rights Protection of Financial Interests Ne bis in idem