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Spotlight CJEU: Lack of Translation Can Be Refusal Ground to Execute Financial Penalty 
26 October 2021 (updated 11 months, 2 weeks ago)
Thomas Wahl Thomas Wahl in Issue 3/2021
On 6 October 2021, the CJEU delivered an important judgment on the implications of fundamental rights in the mutual recognition scheme. The case concerned the question of whether an executing authority may refuse the recognition of a financial penalty (on the basis of Framework Decision 2005/214/JI) if the issuing authority did not notify the decision to the person concerned in a language he/she understands. Read more
EU Fundamental Rights Financial Penalties Judicial Cooperation Procedural Safeguards
Commission Recommends Measures to Improve Journalists’ Safety 
21 September 2021 (updated 4 years, 11 months ago)
Thomas Wahl Thomas Wahl
On 16 September 2021, the Commission presented a recommendation that sets out guidance for Member States to take effective, appropriate and proportionate measures to ensure the protection, safety and empowerment of journalists. Read more
EU Fundamental Rights Victim Protection
EAW e-Learning Course: Implementing EAW and Promoting Human Rights 
4 August 2021
Thomas Wahl Thomas Wahl
Partners of the AWARE network developed an e-learning course on “Implementing the European Arrest Warrant (EAW): Promoting Human Rights”. The course is designed for judges and prosecutors (estimated duration: 5h). A circumscribed version is aimed at judicial practitioners, including lawyers, NGOs, academia and researchers … Read more
EU Fundamental Rights European Arrest Warrant Judicial Cooperation
Study Backs EP Position: Rule of Law Conditionality Regulation Must Be Triggered Immediately 
3 August 2021 (updated 4 years, 10 months ago)
Thomas Wahl Thomas Wahl
In a legal opinion, published on 7 July 2021, experts call on the Commission to trigger the new Rule of Law Conditionality Regulation (EU, Euratom) 2020/2092 with respect to Hungary. They presented a draft written notification by means of which the Commission can initiate the procedure to suspend EU funds pursuant to Art. 6 of the Regulation. Read more
EU Fundamental Rights Rule of Law Protection of Financial Interests
EP: Corruption Must Lead to Restrictive Measures against Third Countries 
3 August 2021
Thomas Wahl Thomas Wahl
In a resolution of 8 July 2021 on the EU Global Human Rights Sanctions Regime (EUGHRSR, also called the EU Magnitsky Act → eucrim 4/2020, 258), the European Parliament called on the Commission and the High Representative of the EU for Foreign Affairs and … Read more
EU Fundamental Rights Corruption
Council Approves General Approach to Fundamental Rights Agency 
9 July 2021
Dr. Anna Pingen Dr. Anna Pingen
On 5 June 2020, the Commission submitted to the Council a proposal for a Council regulation amending Regulation (EC) No 168/2007 establishing the European Union Agency for Fundamental Rights (FRA). On 7 June 2021, the Council approved a general approach to the new legislation, which … Read more
EU Fundamental Rights
Parliament Adopts Resolution on Commission’s 2020 Rule of Law Report 
9 July 2021 (updated 4 years, 10 months ago)
Dr. Anna Pingen Dr. Anna Pingen
On 24 June 2021, the European Parliament (EP) adopted its Resolution on the Commission’s 2020 Rule of Law Report. For the report → eucrim 3/2020, 358-359.MEPs welcomed the Commission’s first annual Rule of Law Report and encouraged its continuation in order to … Read more
Fundamental Rights Rule of Law
Rule-of-Law Developments in Other EU Countries 
8 July 2021 (updated 4 years, 10 months ago)
Thomas Wahl Thomas Wahl
This news items summarises the main recent developments regarding the rule of law in EU countries other than Poland and Hungary. Read more
EU Fundamental Rights Rule of Law
Ministers Discuss Key Challenges for Public Prosecutors 
6 July 2021
Thomas Wahl Thomas Wahl
At the JHA Council meeting on 7 June 2021, the Ministers for Justice discussed the key challenges to a well-functioning public prosecution service and how the JHA Council could engage in a more specific discussion on the topic. Discussions referred to a paper of the … Read more
EU Fundamental Rights Judicial Cooperation
Hungary: Recent Rule-of-Law Developments 
5 July 2021 (updated 4 years, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2021
This news item continues the overview of recent rule-of-law developments in Hungary. For reports in previous issues → eucrim 1/2021, 4-5; and eucrim 4/2020, 257-258; and eucrim 3/2020, 162-163 with further references. Read more
EU Fundamental Rights Rule of Law
ECtHR Ruled in LuxLeaks Case 
29 June 2021
Thomas Wahl Thomas Wahl
In a judgment of 11 May 2021, the European Court of Human Rights (ECtHR) found no violation of the freedom of expression (Art. 10 ECHR) when courts in Luxembourg convicted an insider that helped bring to light Luxembourgish tax avoidance schemes (widely known as … Read more
Council of Europe EU Fundamental Rights Tax Evasion
Budget Conditionality: EP Ready to Take Commission to CJEU 
29 June 2021 (updated 5 years, 3 months ago)
Thomas Wahl Thomas Wahl
In a resolution of 10 June 2021, the EP made clear that it will sue the Commission for failure to act if it does not apply the 2020 Regulation setting out the rules on the protection of the EU's financial interests in the event of rule-of-law breaches. Read more
EU Fundamental Rights Protection of Financial Interests
Poland: Rule-of-Law Developments April – June 2021 
24 June 2021 (updated 4 years, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2021
This news item continues the updates in previous eucrim issues on the rule-of-law situation in Poland as far as it relates to European law (→ inter alia, eucrim 1/2021, 4 and eucrim 4/2020, 257). Read more
EU Fundamental Rights Rule of Law
Organisations Reiterate their Demand for a Fundamental Rights-Based Approach to Future E-Evidence Law 
16 June 2021 (updated 4 years, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2021
Civil society stakeholders reiterated their demand that the forthcoming EU legislation on “e-evidence”, which will ease the cross-border gathering and transfer of data for use in criminal proceedings, must include strong fundamental rights safeguards Read more
EU Fundamental Rights e-Evidence Law Enforcement Cooperation
Parliament Criticises Informal Agreements on Border Control, Fight against THB, and Return/Readmission of Irregular Migrants 
5 June 2021
Dr. Anna Pingen Dr. Anna Pingen
On 19 May 2021, the European Parliament adopted a report making recommendations on human rights protection within the framework of the EU’s external asylum and migration policy. The Parliament criticised the practice of the EU and several Member States that have been entering into an … Read more
EU Fundamental Rights
Human Rights Commissioner: Corruption Undermines Human Rights and Rule of Law 
26 April 2021 (updated 4 years, 10 months ago)
Dr. András Csúri Dr. András Csúri
In a comment, Dunja Mijatović (CoE Commissioner for Human Rights) warned member states that corruption undermines trust in public institutions, hinders economic development, and has a disproportionate impact on the exercise of human rights, especially among people belonging to marginalised or disadvantaged groups. It also disproportionately impacts women, children, and people living in poverty. Read more
Council of Europe Fundamental Rights Rule of Law Corruption