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Fundamental Rights
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EP: Protection of Women Fleeing Ukraine from Violence and Trafficking
24 May 2022
Dr. Anna Pingen
Since the start of the Russian invasion of Ukraine on 24 February more than 5.5 million refugees – 90% of whom are women and children – have fled Ukraine. On 5 May 2022, the European Parliament adopted a resolution in which MEPs strongly condemn the …
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Fundamental Rights
Ukraine conflict
Trafficking in Human Beings
Spotlight
CJEU: No Carte Blanche to Refuse EAWs from Poland
14 April 2022
(updated 3 years, 10 months ago)
Thomas Wahl
in Issue
1/2022
In its judgments of 22 February 2022 in the Joined Cases C-562/21 PPU and C-563/21 PPU, the CJEU upheld its case-law on the refusal of European Arrest Warrants (EAWs) issued by Polish authorities if the requested person put forward infringements of fair trial. The …
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EU
Fundamental Rights
European Arrest Warrant
Report
Statewatch Report: Increasing Use of Biometric Technologies at EU Level Drives Forward Ethnic Profiling
12 April 2022
Thomas Wahl
The ongoing rollout of biometric identification systems is likely to see ethnic minority citizens and non-citizens subjected to a growing number of unwarranted intrusions into their everyday activities, says a report by Statewatch, published in February 2022.
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EU
Fundamental Rights
Data Protection
EP Resolution on EU’s 2021 Annual Report on Human Rights and Democracy
31 March 2022
Dr. Anna Pingen
On 17 February 2022, the European Parliament (EP) adopted a resolution on the EU’s 2021 annual report on human rights and democracy. The EP recommended that the EU Special Representative for Human Rights (EUSR) devote special attention to the countries/topics addressed in Parliament’s monthly …
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EU
Fundamental Rights
CJEU again Finds Romanian Judicial System Flawed
10 March 2022
Thomas Wahl
The CJEU delivered a judgment on the Romanian rules and practice to hinder ordinary courts to assess compatibility of national provisions with EU law. According to the judges in Luxembourg, EU law precludes a national rule under which national courts have no jurisdiction to examine the conformity with EU law of national legislation which has been held to be constitutional by a judgment of the constitutional court of the Member State.
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EU
Fundamental Rights
Court of Justice of the European Union (CJEU)
Commission Proposes Declaration on European Digital Rights and Principles
25 February 2022
(updated 3 years, 7 months ago)
Dr. Anna Pingen
in Issue
1/2022
The Commission proposed a declaration with a set of principles that will serve as guidance for a sustainable, human-centric, and value-based digital transformation in the European Union.
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Fundamental Rights
Legislation
Data Protection
2021 Report on Application of the Charter of Fundamental Rights in the EU
29 January 2022
Dr. Anna Pingen
On 10 December 2021, the European Commission released its 2021 report on application of the Charter of Fundamental Rights in the EU. A special focus was on the challenges of protecting fundamental rights in the digital age. The 2021 report follows last year’s strategy to …
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EU
Fundamental Rights
AG: Unlawful Appointment of Polish Judges Does Not Justify Non-Execution of EAWs per se
20 January 2022
(updated 4 years, 5 months ago)
Thomas Wahl
in Issue
4/2021
According to an opinion by AG Rantos, national courts cannot refuse executing EAWs only because the appointment of Polish judges was unlawful. Courts must strictly follow the line established by the CJEU in LM. However, the recent judgment by the Polish Constitutional Tribunal that questioned the primacy of Union law may cast doubts on Poland's compatibility with essential fundamental rights and may justify refusals.
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EU
Fundamental Rights
European Arrest Warrant
Procedural Safeguards
Organisations Tell E-Evidence Stories and Urge to Uphold High Level of Fundamental Rights Safeguards
19 January 2022
Thomas Wahl
Civil society organisations published a compendium of scenarios that showcase situations in which the planned e-evidence Regulation would lead to serious fundamental rights harms.
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EU
Fundamental Rights
e-Evidence
Law Enforcement Cooperation
CJEU Rules on Compatibility of Romanian Constitutional Court Decisions with Effective Prosecution PIF Crimes
19 January 2022
Thomas Wahl
On 21 December 2021, the CJEU (Grand Chamber) delivered its judgment on several issues of the Romanian justice reform in the area of corruption. The referring Romanian courts mainly questioned whether several decisions of the Romanian Constitutional Court are compatible with Union law. The CJEU clarified the obligations incumbent under Art. 325 TFEU and the importance of judicial independent with regard to consequences if case law of Constitutional Courts is disapplied by lower courts.
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EU
Fundamental Rights
Protection of Financial Interests
CJEU: Exclusion of Blind Juror from Participating in Criminal Proceedings not Justified
18 January 2022
Dr. Anna Pingen
On 21 October 2021, the CJEU ruled that a blind person cannot be deprived of his/her possibility to perform the duties of a juror in criminal proceedings. The case at issue (C-824/19) plays in Bulgaria, where a woman, VA, who has a permanently reduced …
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EU
Fundamental Rights
Court of Justice of the European Union (CJEU)
First Report from Frontex’s Fundamental Rights Office
12 November 2021
Cornelia Riehle LL.M.
On 27 August 2021, Frontex published its first Annual Report on the activities of its Fundamental Rights Office (FRO) and its Fundamental Rights Officer in 2020. The report gives a situational overview of migration data and fundamental rights at the EU’s borders. It looks at …
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Fundamental Rights
Frontex
Commission’s 2021 Rule of Law Report
12 November 2021
(updated 4 years, 3 months ago)
Dr. Anna Pingen
in Issue
3/2021
On 20 July 2021, the Commission presented its second EU-wide Report on the Rule of Law. The report consists of a Communication on the rule of law situation in the EU and of an assessment of the situation in each Member State. The report …
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Fundamental Rights
Rule of Law
EU Activated Next Generation Project
11 November 2021
(updated 4 years, 5 months ago)
Thomas Wahl
in Issue
3/2021
Between August and September 2021, Union institutions made the Next Generation EU (NGEU) operational. The NGEU is the EU’s economic recovery instrument in order to overcome the adverse impacts of the COVID-19 pandemic. The NGEU fund will operate from 2021-2023 and tied with the EU’s …
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EU
Fundamental Rights
Protection of Financial Interests
Hungary: Rule-of-Law Developments July – Mid-October 2021
11 November 2021
(updated 4 years, 8 months ago)
Thomas Wahl
in Issue
3/2021
This news item continues updates in previous eucrim issues on rule-of-law developments in Hungary (as far as they relate to European law). For the last overview → eucrim 2/2021, 72-73 with further references to previous reports.
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EU
Fundamental Rights
Rule of Law
Poland: Rule-of-Law Issues July – Mid-October 2021
11 November 2021
(updated 4 years, 8 months ago)
Thomas Wahl
in Issue
3/2021
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 issue 2/2021, 71-72.
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EU
Fundamental Rights
Rule of Law
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