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Poland before CJEU for Failure of Transposition of Access to Lawyer Directive 
30 November 2023 (updated 2 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2023
On 16 November 2023, the Commission decided to refer Poland to the CJEU for failure to communicate the measures transposing into national legislation Directive 2013/48/EU on the right of access to a lawyer and to communicate upon arrest. The Commission has mainly blamed Poland for … Read more
EU Procedural Safeguards
ECJ Clarifies Rights of Suspects in the Event of Personal Search and Seizure 
13 November 2023
Thomas Wahl Thomas Wahl
On 7 September 2023, the ECJ ruled on the scope of Directives 2012/13 on the right to information in criminal proceedings and (EU) 2013/48 on the right of access to a lawyer in criminal proceedings when persons are subjected to a strip search for drug possession and the seizure of illegal substances or assets. Read more
EU Procedural Safeguards
ECJ Rules on Automatic Penalties for Conflict-of-Interest Situations in Leading Administrative Positions 
8 August 2023
Simon Haupt Simon Haupt
EU law does not preclude a person from being prohibited from all elective public office for three years if he / she has infringed the rules relating to conflicts of interest by holding such office. This statement was made by the ECJ in its judgement … Read more
EU Fundamental Rights Procedural Safeguards
ECJ: Information on the Detention Grounds Must Be Prompt and Specific 
7 August 2023
Thomas Wahl Thomas Wahl
In a judgment of 25 May 2023, the ECJ clarified the applicability of Directive 2012/13 on the right to information in criminal proceedings as well as the modalities, timing and the level of detail of information, which must be given to suspects. The case concerned a reference for a preliminary ruling by the Sofia District Court, Bulgaria. Read more
EU Procedural Safeguards
ECJ: Individual Reasons Not Necessary for Telecommunications Surveillance 
31 March 2023
Dr. Anna Pingen Dr. Anna Pingen
On 15 February 2023, the ECJ delivered a judgment on the individualisation of the obligation to state reasons for a judicial authorisation of telephone surveillance measures. It was issued in relation to the Bulgarian court practice of using a pre-drafted general text template to justify a decision on telephone interception. According to the ECJ, this practice is in line with the Directive on privacy and electronic communications under certain conditions. Read more
EU Procedural Safeguards
Spotlight Commission Recommendation on Detention Conditions in the EU 
19 January 2023 (updated 8 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2022
On 8 December 2022, the European Commission presented a recommendation on detention conditions. It follows-up to demands to improve the situation on detention conditions in the EU since divergences had a negative impact on mutual trust and judicial cooperation within the bloc. Read more
EU European Arrest Warrant Procedural Safeguards
Controller of Procedural Guarantees Published Procedure of Handling Complaints 
16 January 2023 (updated 2 months, 3 weeks ago)
Thomas Wahl Thomas Wahl in Issue 4/2022
On 28 December 2022, the decision of OLAF’s Controller of procedural guarantees on how she will handle complaints was published in the Official Journal. It lays down rules to be followed in relation to the lodging, processing and follow up of complaints submitted to the Controller. Read more
EU OLAF Procedural Safeguards
E-Guide on EPPO Proceedings for Defence Practitioners 
12 January 2023
Thomas Wahl Thomas Wahl
ERA and the ECBA published an e-guide which provides a short and precise overview of the most important issues in EPPO proceedings for defence practitioners. Read more
EU European Public Prosecutor's Office (EPPO) Procedural Safeguards
CJEU: Consequences of the Lack to Interpretation/Translation to Acts Ancillary to Criminal Proceedings 
13 September 2022
Thomas Wahl Thomas Wahl
In its judgment in Case C-242/22 PPU (criminal proceedings against TL), the CJEU clarified the interpretation of the need to translate essential documents and to ensure the presence of an interpreter when that document is being drawn up (Art. 2(1) and Art. 3(1) of Directive 2010/64). In addition, the case addresses the right to be informed on the right to interpretation and translation (Art. 3(1)(d) of Directive 2012/13). Read more
EU Procedural Safeguards
CJEU Clarifies Conditions for Trials and Convictions in absentia 
20 June 2022 (updated 1 year, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
In a judgment of 19 May 2022, the CJEU clarified when an accused can be tried in his/her absence and a decision in absentia taken against him can be enforced.The case (C-569/20) concerns a situation before the Specialised Criminal Court in … Read more
EU Procedural Safeguards
French Presidency Put Access to Lawyer on Agenda 
7 April 2022
Thomas Wahl Thomas Wahl
Against the background of continuous attacks on lawyers, the French Council Presidency initiated a debate on protecting access to lawyers and the rule of law. In a discussion paper of 17 February 2022, the Presidency stressed the importance of the independence and professional integrity … Read more
EU Rule of Law Procedural Safeguards
CJEU: Bulgaria (Currently) Precluded from Issuing EIOs Due to Lack of Legal Remedies 
25 January 2022 (updated 2 years, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2021
According to the CJEU, the current situation in Bulgaria, which does not provide for legal remedies against investigative measures and the issuance of a European Investigation Order (EIO) infringes the fundamental rights of the Charter and means that Bulgaria cannot issue EIOs as long as this situation is not remedied. Read more
EU European Investigation Order Procedural Safeguards
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 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. Read more
EU Fundamental Rights European Arrest Warrant Procedural Safeguards
CCBE Concerned over Defence Rights in EPPO Proceedings 
19 January 2022
Thomas Wahl Thomas Wahl
In a statement published on 10 December 2021, the Council of Bars and Law Societies of Europe (CCBE) voiced concerns over the position of the defence and procedural rights during EPPO proceedings. The CCBE identified four issues of major concern, including the lack of specific provisions on defence rights and the risks of forum shopping. Read more
EU European Public Prosecutor's Office (EPPO) Procedural Safeguards
CJEU Rules on Mechanisms to Remedy Errors in the Indictment 
22 December 2021
Thomas Wahl Thomas Wahl
On 21 October 2021, the CJEU ruled on the compatibility of the Bulgarian Criminal Procedure Code with Directive 2012/13 on the accused person’s right to information (Case C-282/20). Read more
EU Procedural Safeguards
CJEU Rules on Guarantees in OLAF’s External Investigations (Case Vialto) 
20 December 2021
Thomas Wahl Thomas Wahl
On 28 October 2021, the CJEU ruled in an appeal judgment (Case C-650/19 P) on the right to be heard in administrative proceedings involving several authorities. The case also raised questions in relation to the way in which OLAF carries out external investigations and, more specifically, the limits of digital forensic operations, as well as the scope of the principle of legitimate expectations. Read more
EU OLAF Protection of Financial Interests Procedural Safeguards