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ECJ Rules on Conditions for in absentia Judgments 
29 January 2025
Thomas Wahl Thomas Wahl in Issue 4/2024
In its judgment of 16 January 2025, the ECJ ruled on the compatibility of national provisions with the requirements for criminal proceedings in absentia set out in EU Directive 2016/343. Specifically, the judgment concerns the compatibility of the provisions in the Bulgarian Code of Criminal Procedure regarding the possibility of conducting criminal proceedings in the absence of the defendant (Case C-400/23, VB II). Read more
EU Procedural Safeguards
CCJE Opinion on the Disciplinary Liability of Judges 
13 January 2025 (updated 1 year, 7 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2024
On 13 December 2024, the Consultative Council of European Judges (CCJE) of the Council of Europe adopted an opinion on the disciplinary liability of judges. The opinion was drafted in the light of the fact that liability of judges has become a … Read more
Council of Europe Rule of Law Procedural Safeguards
CCBE: Recommendation to Ensure Lawyers' Interests in Implementation of E-Evidence Regulation 
7 January 2025
Thomas Wahl Thomas Wahl in Issue 4/2024
On 21 November 2024, the Council of Bars and Law Societies of Europe (CCBE) issued recommendations on the implementation of the e-evidence Regulation (Regulation 2023/1543, →eucrim 2/2023, 165-168). They focus on issues which are both relevant and of importance to Bars and the … Read more
EU e-Evidence Law Enforcement Cooperation Procedural Safeguards
Spotlight ECJ Strengthens Legal Professional Privilege in the Exchange of Tax Information 
11 November 2024
Thomas Wahl Thomas Wahl in Issue 3/2024
On 26 September 2024, the ECJ handed down an important judgment on the extent of the protection of the confidentiality of lawyer-client communication in the cross-border exchange of information on tax matters. The ECJ ruled that the Luxembourgish legislation under which advice and representation by a lawyer in tax matters do not enjoy the strengthened protection of communications between lawyers and their clients is incompatible with Art. 7 of the Charter of Fundamental Rights of the EU. Read more
Fundamental Rights Tax Evasion Procedural Safeguards
ECJ Ruled on Res Judicata Effects of Administrative Court Decision before Criminal Courts 
28 October 2024
Dr. Anna Pingen Dr. Anna Pingen in Issue 3/2024
On 26 September 2024, the Court of Justice of the European Union (ECJ) issued a judgment in Case C-792/22 ("Energotehnica") addressing the binding force of administrative court judgements for criminal proceedings and the primacy of EU law over conflicting national court decisions. Read more
EU Fundamental Rights Rule of Law Area of Freedom, Security and Justice Procedural Safeguards Victim Protection
ECJ: Criminally Prosecuted Minors Must Have Lawyer’s Assistance during First Police Questioning 
18 October 2024 (updated 1 year, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2024
In its judgment of 5 September 2024, the ECJ ruled that several provisions of the Polish Code of Criminal Procedure and legal practices are incompatible with the rights of minors charged with a criminal offence. The Court particularly blamed the Polish police for not having guaranteed the assistance by a lawyer during the first questioning of the minor and for not having him adequately informed of his rights. Read more
Council of Europe Procedural Safeguards
ECJ Ruled on Right to Trial Participation via Videoconference 
3 September 2024 (updated 1 year, 10 months ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 2/2024
The ECJ ruled on 4 July 2024 that Art. 8(1) of Directive 2016/343 does not preclude an accused person from participating in his or her trial by videoconference if he or she expressly requests to do so, provided that all necessary safeguards are in place to ensure that the trial remains fair. Read more
EU Fundamental Rights Procedural Safeguards
Spotlight ECJ Ruled in EncroChat Case 
12 August 2024 (updated 5 months, 4 weeks ago)
Thomas Wahl Thomas Wahl in Issue 1/2024
This news item features a summary and comment on the impact of the ECJ’s ruling in the EncroChat case. It is contended that the judgment leaves room for manoeuvre in that evidence obtained by a live French police hack of encrypted devices may be banned in German criminal proceedings. Read more
EU Organised Crime European Investigation Order Law Enforcement Cooperation Procedural Safeguards
ECJ: No Ruling on Defendant's Right to Participate via Videoconference 
31 July 2024
Thomas Wahl Thomas Wahl in Issue 2/2024
In its judgment in the Joined Cases C-255/23 and C-285/23 (AVVA and Others), the ECJ clarified on 6 June 2024 that it will not rule on the question whether Union law confers defendants a right to participate at trial remotely via videoconference. The … Read more
EU Money Laundering European Arrest Warrant European Investigation Order Procedural Safeguards
Spotlight ECJ Ruled on Mutual Recognition of Refugee Status in Extradition Proceedings 
18 July 2024 (updated 1 year, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2024
On 18 June 2024, the ECJ ruled that an EU Member State cannot extradite a third-country national to his country of origin if he has been granted refugee status by another EU Member State. As long as this status has not been revoked or withdrawn, extradition may not take place. The ECJ added that the authorities in the EU Member States involved must cooperate. Read more
Fundamental Rights Judicial Cooperation Procedural Safeguards
ECJ Ruled on Waiver of Right to Legal Representation 
25 June 2024 (updated 3 months, 2 weeks ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 2/2024
On 14 May 2024, the ECJ issued a ruling clarifying the interpretation and application of Directive 2013/48/EU, which deals with the right of access to a lawyer in criminal proceedings. The case concerned criminal proceedings in Bulgaria in which the defendant was not properly advised on the waiver of his right to legal representation. Read more
EU Fundamental Rights Procedural Safeguards
Comparative Study on Access to Classified Data in National Security-Related Immigration Cases 
30 April 2024
Thomas Wahl Thomas Wahl in Issue 1/2024
In a study, released in April 2024, national experts explored and compared the extent to which European standards are applied in 25 EU Member States with regard to the access to State classified information in immigration-related proceedings. The study relates to administrative decisions against foreign … Read more
EU Security Union Procedural Safeguards
FRA Report Sees Room for Improvement to Guarantee Rights in EAW Proceedings 
15 April 2024 (updated 1 year, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2024
At the end of March 2024, the EU Fundamental Rights Agency (FRA) published a report on how the principles and rights in European Arrest Warrant (EAW) proceedings are upheld in practice. The report is a response to a call from the Council towards FRA to … Read more
EU Agency for Fundamental Rights (FRA) European Arrest Warrant Procedural Safeguards
CCBE Calls for Promotion of a Fair Justice System in Europe 
9 April 2024
Dr. Anna Pingen Dr. Anna Pingen in Issue 1/2024
In anticipation of the 2024 European Parliament elections and the next European Commission, the Council of Bars and Law Societies of Europe (CCBE) issued a manifesto urging EU institutions to uphold and enforce a fair and effective judicial system grounded in justice, fundamental rights, and … Read more
EU Fundamental Rights Rule of Law Procedural Safeguards
GC: EPPO’s Request for the Lifting of Parliamentary Immunity Not Open to Challenge 
31 January 2024 (updated 1 year, 1 month ago)
Thomas Wahl Thomas Wahl in Issue 4/2023
By order of 16 January 2024, the General Court dismissed Eva Kaili’s action for annulment against the request by the European Chief Prosecutor to lift her parliamentary immunity (Case T-46/23).Facts of the caseThe EPPO is conducting investigations against Greek MEP … Read more
EU European Public Prosecutor's Office (EPPO) Protection of Financial Interests Procedural Safeguards
ECJ Clarifies Obligation to Inform Accused Person of Reclassification of Offence 
13 December 2023 (updated 2 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2023
On 9 November 2023, the ECJ decided that Union law obliges a criminal court to inform the accused person of a new envisaged legal classification of the criminal act in due time (Case C-175/22, BK). Bulgarian criminal procedure law as interpreted by the Bulgarian courts conflicts with this principle. Read more
EU Procedural Safeguards