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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 and Council Discuss Way Forward on Pre-Trial Detention and Detention Conditions 
22 October 2021 (updated 3 years, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2021
On 7 October 2021, the Justice Ministers of the EU Member States discussed the need for action on pre-trial detention and detention conditions in the EU. The discussion was based on a non-paper by the European Commission of 24 September 2021. Read more
EU European Arrest Warrant Procedural Safeguards
Report
Criminal Proceedings in the EU – the need for more procedural rights?  Thursday, 8 July 2021, 12.00-14.00 CEST, Zoom, organised by the Academy of European Law (ERA)
27 July 2021
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
A webinar discussed the possible need for further procedural rights in the EU. Two distinguished defence lawyers active in the ECBA guided participants through the ideas on the future development and assessment of procedural rights in criminal proceedings. Participants mainly discussed the future EU path in the areas of pre-trial detention and the EAW, minimum standards in trials, and admissibility/exclusion of evidence. The debate contributed to the Conference on the Future of Europe. Read more
EU Area of Freedom, Security and Justice European Arrest Warrant Ne bis in idem Procedural Safeguards
Council Conclusions on Vulnerable Persons 
6 July 2021
Thomas Wahl Thomas Wahl
On 7 June 2021, the Justice and Home Affairs Council approved conclusions on the protection of vulnerable persons, with regard to civil and criminal law matters. The conclusions point out that further action is needed with regard to vulnerable adults whether they are suspects or accused in criminal proceedings or victims of crime. Read more
EU Procedural Safeguards Victim Protection
AG: Bulgaria Not Allowed to Issue EIOs 
20 May 2021 (updated 4 years, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2021
AG Michal Bobek recommends that the CJEU decide that Bulgarian authorities cannot issue European Investigation Orders (EIOs) unless Bulgaria introduces remedies against investigative measures. It is the second time that the CJEU is addressed in the specific case (criminal proceedings against Ivan Gavanozov). Read more
EU European Investigation Order Procedural Safeguards
CCPE: Opinion on the Role of Prosecutors in Emergency Situations 
26 April 2021
Dr. András Csúri Dr. András Csúri
On 21 March 2021, the CCPE published Opinion No. 15 on “The role of public prosecutors in emergency situations, in particular when facing a pandemic.” It sheds light on the implementation of the usual tasks of prosecutors in emergency situations, their new or expanded tasks in response to such situations, the management of challenges faced by prosecutors in emergency situations, and the modalities of international cooperation during a pandemic. Read more
Council of Europe Consultative Council of European Public Prosecutors (CCPE) Procedural Safeguards
Spotlight FRA Report on Presumption of Innocence and Right to Be Present – More Needs to Be Done in Practice 
26 April 2021
Thomas Wahl Thomas Wahl
On 31 March 2021, the EU Agency for Fundamental Rights (FRA) presented its findings on how the rights to be presumed innocent, to remain silent and to be present at trial – as specifically spelled out in Directive 2016/343 – are applied in practice. The report is based on interviews with 123 legal practitioners in nine EU Member States. The FRA report stressed that problems in implementing the EU safeguards still persist. Read more
EU Procedural Safeguards
Commission Implementation Report on Presumption of Innocence Directive 
26 April 2021
Thomas Wahl Thomas Wahl
In a report dated 31 March 2021, the Commission points out that key provisions of Directive 2016/343 on the presumption of innocence have been inadequately implemented in a number of EU Member States. Major deficiencies relate to the prohibition of public references to guilt and to the right not to incriminate oneself. Read more
EU Procedural Safeguards
CJEU Rules on Compliance of FD EAW with Charter of Fundamental Rights 
25 March 2021 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl
In its judgment of 28 January 2021 in Case C-649/19 (“criminal proceedings against IR”), the CJEU took a stance on the extent of a person’s rights of information if he/she is subject to a European Arrest Warrant (EAW). In addition, the CJEU … Read more
EU European Arrest Warrant Procedural Safeguards
Spotlight CJEU Delivers Landmark Judgment on Right to Silence in Administrative (Punitive) Proceedings 
20 March 2021 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl
On 2 February 2021, the CJEU, sitting in for the Grand Chamber, rendered an important judgment on the right to remain silent in administrative proceedings if the person’s answers might also establish his/her punitive liability. The case is referred to as C-481/19 (DB v … Read more
EU Procedural Safeguards
CEPEJ: 8th Evaluation Report on European Judicial Systems 
14 March 2021 (updated 3 years, 10 months ago)
Dr. András Csúri Dr. András Csúri in Issue 4/2020
On 22 October 2020, CEPEJ published its eighth biennial evaluation report on the efficiency and quality of justice in Europe. The 2020 report contains data on the functioning of the judicial systems of 45 CoE Member States (Liechtenstein and San Marino were unable to provide … Read more
Council of Europe Procedural Safeguards
CJEU: Execution of an EAW in the Case of Judgments in Absentia 
8 February 2021
Thomas Wahl Thomas Wahl
On 17 December 2020, the CJEU decided that a court executing an EAW is not entitled to refuse surrender if the issuing state does not fulfil the requirements of Directive 343/2016 on the defendant’s right to be present at trial. The sole yardstick is Art. 4a FD EAW. Read more
EU European Arrest Warrant Procedural Safeguards
Access to Lawyer despite Absence of Investigating Judge 
14 August 2020 (updated 5 years, 2 months ago)
Thomas Wahl Thomas Wahl
The CJEU ruled that Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings must be interpreted in the light of Art. 47 of the EU Charter of Fundamental Rights (CFR) as meaning that the right cannot be delayed to the suspected … Read more
EU Procedural Safeguards
CCBE Guide to Assist EU Defence Lawyers 
9 August 2020
Thomas Wahl Thomas Wahl
The CCBE published a reference guide to assist EU defence practitioners. The guide aims at giving an overview of EU legislation, case law, and tools. It provides references to relevant legislation, case law and other relevant material. The publication, inter alia, includes information … Read more
EU Procedural Safeguards
Spotlight CJEU Imposes Further Restrictions to German Penal Order System 
8 August 2020 (updated 4 months, 2 weeks ago)
Thomas Wahl Thomas Wahl
In its judgment of 14 May 2020 (Case C-615/18, UY/Staatsanwaltschaft Offenburg), the CJEU had to deal with the German rules on the service of penal orders (Strafbefehle) to persons living abroad and with their interpretation in conformity with EU law, in … Read more
EU Procedural Safeguards
Spotlight AG: Data Retention Should Be Strictly Limited 
4 May 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
Advocate General (AG) Manuel Campos Sánchez-Bordona advocates that the CJEU’s rather restrictive case law on the retention of personal data and access to these data by law enforcement or intelligence authorities should be upheld. Following the judgment in the Joined Cases C-203/15, Tele2 Sverige, and … Read more
EU Data Protection Procedural Safeguards