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AG Gives Opinion on Compatibility of Romanian Constitutional Court Decisions Involving PIF Obligations 
26 April 2021 (updated 4 years, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2021
AG Bobek provides his opinion in cases where the compatibility of findings of the Romanian Constitutional Court with EU law (including the protection of the EU's financial interests) are to be assessed. The cases were referred to the CJEU by the Romanian supreme court and a Romanian instance court. The AG considers the reference only partly successful. Read more
EU Fundamental Rights Protection of Financial Interests
Hungary: Update on Recent Rule-of-Law Developments 
26 April 2021 (updated 4 years, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2021
This news item outlines the main rule-of-law developments in Hungary related to Union law. It continues the ongoing overview provided in previous eucrim issues. Read more
EU Fundamental Rights Rule of Law
Poland: Continued Update on Rule-of-Law Developments 
26 April 2021 (updated 4 years, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2021
This news item continues the last update provided in December 2020 on the rule-of-law situation in Poland as far as it relates to European law. Read more
EU Fundamental Rights Rule of Law
Spotlight ECtHR: EAW Cannot be Automatically Executed 
26 April 2021 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl
On 25 March 2021, the ECtHR delivered a landmark judgment, in which it sets out the level of fundamental rights protection by the ECHR in cases of execution of European Arrest Warrants. Read more
Council of Europe EU Fundamental Rights European Arrest Warrant
FRA: Impact of Artificial Intelligence 
1 April 2021 (updated 5 years, 5 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 1 February 2021, FRA published an infographic illustrating the potential impact of artificial intelligence in the areas of social benefits, predictive policing, medical diagnosis, and targeted advertising.The infographic is based on the results found in the FRA’s report “Getting the future right – … Read more
EU Fundamental Rights Legislation Agency for Fundamental Rights (FRA)
EU Imposes First Sanctions for Human Rights Violations 
1 April 2021
Thomas Wahl Thomas Wahl
After the adoption of the EU Global Human Rights Sanctions Regime – also dubbed the “European Magnitsky Act” – in December 2020, the EU started to impose the first restrictive measures to individuals in March 2021. Read more
EU Fundamental Rights
Spain Must Pay for Non-Transposition of EU Data Protection Directive 
20 March 2021 (updated 5 years, 6 months ago)
Thomas Wahl Thomas Wahl
On 25 February 2021, the CJEU ordered Spain to pay a lump sum of € 15 million and a daily penalty payment of €89,000 for its ongoing failure to transpose Directive 2016/680 regarding the protection of personal data by law enforcement authorities (for the Directive … Read more
EU Fundamental Rights Data Protection
EP: EU Must Be Credible Actor in Global Human Rights Protection 
20 March 2021
Thomas Wahl Thomas Wahl
In its annual report assessing the human rights situation in the world in 2019, adopted in the plenary on 20 January 2020, MEPs express deep concerns about authoritarian regimes around the world having used the pandemic to repress civil society and critical voices. They called … Read more
EU Fundamental Rights
Spotlight FCC: EU Charter is Review Standard for Poor Prison Conditions 
9 February 2021 (updated 2 years, 9 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2020
Backing two constitutional complaints, the German Federal Constitutional Court reproached two courts for not having adequately applied the CJEU's test in Arranyosi & Căldăraru regarding insufficient detention conditions in Romania. The decision is remarkable because the FCC accepts for the first time in relation to European criminal law that the fundamental rights of the German constitution are not the yardstick for examination but instead the fundamental rights of the CFR. Read more
EU Fundamental Rights European Arrest Warrant
CJEU: General Deficiencies of Judicial Independence Do Not Justify EAW Refusal Alone 
8 February 2021 (updated 4 years, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2020
EU Member States may not impose a general ban on surrender, despite growing doubts about the independence of the Polish judiciary. The CJEU ruled on 17 December 2020 that the execution of a European Arrest Warrant (EAW) may still only be refused if the person concerned runs a real risk of being subjected to an unfair trial. Read more
EU Fundamental Rights European Arrest Warrant
New Commission Strategy on Application of Charter 
19 January 2021 (updated 7 months, 2 weeks ago)
Thomas Wahl Thomas Wahl in Issue 4/2020
On 2 December 2020, the Commission presented its new strategy to strengthen the application of the EU Charter of Fundamental Rights over the next ten years. It calls for renewing the EU’s commitment to ensuring that the EU institutions and Member States apply the Charter to its full potential. The strategy is built upon four pillars. Read more
EU Fundamental Rights
European Democracy Action Plan 
19 January 2021 (updated 5 years ago)
Thomas Wahl Thomas Wahl in Issue 4/2020
On 3 December 2020, the Commission presented its Action Plan for Democracy, which complements the Action Plan on Human Rights and Democracy 2020-2024 of March 2020 (--> eucrim 1/2020, 6-7). The Action Plan proposes measures to:Promote free and fair elections;Strengthen media … Read more
EU Fundamental Rights
New EU Sanctioning Regime for Human Rights Violations around the World 
19 January 2021
Thomas Wahl Thomas Wahl
On 7 December 2020 – three days prior to International Human Rights Day – the General Affairs Council adopted the EU Global Human Rights Sanctions Regime (EUGHRSR). It is seen as a landmark initiative that underscores the EU’s determination to enhance its role in addressing … Read more
EU Fundamental Rights
Hungary: Overview of Recent Rule-of-Law Developments 
19 January 2021 (updated 4 years, 10 months ago)
Thomas Wahl Thomas Wahl
3 December 2020: In the Opinion in Case C-650/18 on the European Parliament’s decision to initiate Article 7 TEU proceedings against Hungary, Advocate General Bobek advises the CJEU to dismiss the Hungarian application for annulment as unfounded. Hungary had challenged the Parliament’s vote on … Read more
EU Fundamental Rights Rule of Law
Poland: Overview of Recent Rule-of-Law Developments 
19 January 2021 (updated 4 years, 10 months ago)
Thomas Wahl Thomas Wahl
This news item continues an overview of recent developments on the rule-of-law situation in Poland as far as their relationship with European law is concerned (--> related links):1 December 2020: The oral hearing in infringement case C-791/19 against Poland takes place at the CJEU. … Read more
EU Fundamental Rights Rule of Law
EP Calls for EU Values to be Upheld in State of Emergency 
19 January 2021
Thomas Wahl Thomas Wahl
In a resolution of 13 November 2020, the European Parliament assessed the impact of COVID-19 measures on democracy, the rule of law, and fundamental rights. The EP makes three central demands:Emergency powers must be necessary, proportional, time-limited, and subject to democratic scrutiny;Bans … Read more
EU Fundamental Rights Corona