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ECJ: No Automatic Refusal to Enforce in absentia Convictions 
14 August 2026
Joscha Kanstinger Joscha Kanstinger in Issue 1/2026
On 21 May 2026, the ECJ delivered its judgment in Case C‑447/24 (Höldermann) concerning the recognition and enforcement of a custodial sentence imposed following a trial at which the sentenced person did not appear in person in the issuing State (in absentia conviction). Read more
EU Judicial Cooperation Taking Account of Convictions Transfer of Sentenced Persons Procedural Safeguards
ECJ Clarifies Scope of SIS Rules on Surrender of Seized Objects 
28 July 2026
Dr. Anna Pingen Dr. Anna Pingen in Issue 1/2026
On 4 June 2026, the ECJ ruled in Case C-326/25 (CY v 03 Rayonno upravlenie na SDVR) on the scope of Regulation 2018/1862 concerning alerts in the Schengen Information System (SIS) for objects sought for seizure or use as evidence in criminal proceedings. For … Read more
EU Schengen Procedural Safeguards
ECJ: Victim Participation Not Required in Proceedings to Quash Convictions Rendered in absentia 
22 July 2026
Joscha Kanstinger Joscha Kanstinger in Issue 1/2026
On 23 April 2026, the ECJ delivered its judgment in Case C-24/26 PPU, Casotta, clarifying the scope of victims' rights under Directive 2012/29/EU in proceedings seeking to reopen criminal cases concluded by a final conviction rendered in the defendant’s absence. The ECJ also confirmed that Directive (EU) 2016/343 does not preclude Member States from granting persons convicted in absentia access to a new trial under more favourable conditions than those required by EU law. Read more
EU Procedural Safeguards Victim Protection
Spotlight AG: Associations Can Bring Annulment Actions against RRF Approval 
1 July 2026
Thomas Wahl Thomas Wahl in Issue 1/2026
In her Opinion of 16 April 2026 in Case C-555/24 P (Medel and Others v Council), Advocate General (AG) Tamara Ćapeta proposed that associations representing judges have standing to bring actions for annulment against the Council’s decision approving justice system milestones concerning Poland under the EU Recovery and Resilience Facility (RRF). Read more
EU Rule of Law Court of Justice of the European Union (CJEU) Protection of Financial Interests Procedural Safeguards
ECJ Clarifies Limits of Appellate Reasoning under the Presumption of Innocence 
10 June 2026
Dr. Anna Pingen Dr. Anna Pingen in Issue 1/2026
On 30 April 2026, the ECJ delivered its judgment in Case C-748/24 (Kotaňák) concerning the presumption of innocence under Directive 2016/343. The case raised the question of how far an appellate criminal court may go, at a preliminary stage of proceedings, when assessing incriminating evidence, … Read more
EU Procedural Safeguards
AG: Questioning Without a Lawyer after Deadline for Appearing Has Passed Contravenes EU Law 
1 June 2026
Dr. Anna Pingen Dr. Anna Pingen in Issue 1/2026
In two parallel infringement proceedings against Hungary and the Czech Republic, AG Tamara Ćapeta concluded that both Member States have failed to correctly transpose Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings as their national legislations allow the questioning of suspects without a lawyer if the lawyer does not appear within a certain time period. Read more
EU Fundamental Rights Procedural Safeguards
CJEU Confirms National Courts’ Role in Reviewing EPPO Measures 
29 May 2026 (updated 1 month, 3 weeks ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 1/2026
On 16 April 2026, the Court of Justice (ECJ) delivered its appeal judgment in Case C-328/24 P, Mincu Pătrașcu Brâncuși v EPPO, concerning a challenge brought by a Romanian national against procedural actions taken by the European Public Prosecutor's Office (EPPO).In an … Read more
EU European Public Prosecutor's Office (EPPO) Procedural Safeguards
ECJ: Speciality Rule in TCA is No Refusal Ground 
15 May 2026
Thomas Wahl Thomas Wahl in Issue 1/2026
On 23 April 2026, the ECJ held in Case C-528/24 (Boothnesse) that a possible infringement of the speciality rule - a basic concept in extradition law - by the issuing State does not constitute, in itself, a ground for the executing judicial authority to refuse the execution of an extradition arrest warrant. Read more
EU Fundamental Rights Judicial Cooperation Procedural Safeguards
Course on AI, Justice, and the Rule of Law 
1 April 2026
Dr. Anna Pingen Dr. Anna Pingen in Issue 1/2026
UNESCO has launched a free online course on artificial intelligence and its use in judicial systems. The programme, entitled AI, Justice, and the Rule of Law, was developed together with the Saïd Business School, the Blavatnik School of Government, and the Faculty of Law … Read more
EU Rule of Law Artificial Intelligence (AI) Procedural Safeguards
ERA: Free EU Criminal Law Training Resources for Defence Lawyers 
6 March 2026
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 4/2025
The Academy of European Law (ERA), together with partners, has released a set of free training materials aimed at strengthening defence lawyers’ capacity to handle cross-border criminal cases across Europe. The resources are openly accessible online and are part of the “European Criminal … Read more
EU Area of Freedom, Security and Justice Procedural Safeguards
Current Infringement Proceedings in Justice and Home Affairs: October – December 2025 
17 December 2025 (updated 9 months, 2 weeks ago)
Thomas Wahl Thomas Wahl in Issue 3/2025
In its regular package of infringement decisions, the European Commission takes legal action against Member States that fail to comply with their obligations under EU law. The following overview reports on selected infringement proceedings in the area of justice and home affairs that were opened or continued in October, November and December 2025. Read more
EU Legislation Cybercrime Protection of Financial Interests European Arrest Warrant Police Cooperation Procedural Safeguards
Spotlight ECJ Judgment on Judicial Review of Acts of EDPs 
9 July 2025
Cornelia Riehle LL.M. Cornelia Riehle LL.M. / Thomas Wahl Thomas Wahl in Issue 1/2025
In a judgment handed down at the beginning of April 2025, the ECJ ruled that procedural acts of the EPPO capable of affecting the legal situation of persons challenging them must be amenable to judicial review. It is, however, up to the national court to determine whether or not this is the case - by means of a concrete and specific examination. Read more
EU Court of Justice of the European Union (CJEU) European Public Prosecutor's Office (EPPO) Procedural Safeguards
ECJ Ruled on the Rights of Vulnerable Persons in Criminal Proceedings 
22 May 2025
Thomas Wahl Thomas Wahl in Issue 1/2025
On 8 May 2025, the ECJ handed down a ruling on the scope of the rights of access to a lawyer and a vulnerable person's right to legal aid in line with Directive 2013/48 and Directive 2016/1919 (Case C-530/23, Barało). Read more
EU Procedural Safeguards
CoE Convention on Protection of Lawyers Opened for Signature 
15 May 2025
Thomas Wahl Thomas Wahl in Issue 1/2025
On 13 May 2025, the first-ever international treaty that aims at ensuring better protection of the profession of lawyer was opened for signature by the Council of Europe. Read more
Council of Europe Rule of Law Procedural Safeguards
GC Strengthened Procedural Rghts in Disciplinary Proceedings against MEP 
8 April 2025
Thomas Wahl Thomas Wahl in Issue 1/2025
On 12 March 2025, the General Court ruled that a person accused of harassment is entitled to disclosure of a summary of the statements of the various witnesses heard during the investigation procedure as well as to essential documents which formed the basis for the allegations. Therefore, sanctions for the conduct imposed by the EP's President had to be annulled. Read more
EU European Parliament Procedural Safeguards
ECJ Ruled on Right to New Trial if Suspect Absconds 
30 January 2025 (updated 2 months, 1 week ago)
Thomas Wahl Thomas Wahl in Issue 4/2024
In its judgment of 17 January 2025 in Case C-644/23 (IR II or Stangalov), the ECJ explained the extent to which the conditions for conducting proceedings in absentia within the meaning of Directive 2016/343 are met. Specifically, the issue is the compatibility of provisions of the Bulgarian Code of Criminal Procedure with Articles 8 and 9 of the Directive. Read more
EU Procedural Safeguards