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German Bar Association Calls for Further Strengthening of Procedural Safeguards in EU 
4 May 2020
Thomas Wahl Thomas Wahl
The German Bar Association (Deutscher Anwalt Verein − DAV) called on the establishment of additional minimum guarantees for procedural rights within the EU. In its statement No 5/20 of January 2020, the association assesses the state of play of procedural safeguards in the EU … Read more
EU Procedural Safeguards
CJEU: Accused Person Can Waive Right to be Present at Trial 
28 April 2020
Thomas Wahl Thomas Wahl
The CJEU ruled on the conditions under which the non-appearance of accused persons at certain trial hearings for reasons either within or beyond their control is compatible with Union law. The concrete case deals with the provisions of the Bulgarian Criminal Code of Procedure on … Read more
EU Procedural Safeguards
CJEU: Prosecutor Can Balance Defence Rights Against Effective Fraud Prosecution (Kolev II) 
28 April 2020 (updated 6 years, 1 month ago)
Thomas Wahl Thomas Wahl
In Case C-612/15 (criminal proceedings against Nikoley Kolev, Stefan Kostadinov, judgment of 5 June 2018, see eucrim 2/2018, pp. 99/101), the CJEU ruled that Union law, i.e., the obligation to protect the EU’s financial interests in accordance with Art. 325(1) TFEU, precludes national … Read more
EU Procedural Safeguards
CEPEJ Publishes New Tools 
17 February 2020
Dr. András Csúri Dr. András Csúri
At its 33rd plenary meeting in Strasbourg on 5 and 6 December 2019, the European Commission for the Efficiency of Justice (CEPEJ) adopted guidelines on knowledge sharing among judges. In a profession traditionally challenged by the culture of isolation, the guidelines aim to improve … Read more
Council of Europe Procedural Safeguards
CJEU: Scope of EU’s Procedural Rights Directives in Procedures Ordering Committal to Psychiatric Hospital 
12 January 2020
Thomas Wahl Thomas Wahl
On 19 September 2019, the CJEU delivered a judgment dealing with the applicability and interpretation of the procedural rights directives in a situation where the judicial authorities of a Member State ordered a person be committed to a psychiatric hospital. The case (C-467/18 − … Read more
EU Court of Justice of the European Union (CJEU) Procedural Safeguards
Spotlight FRA Report on Information about Defence Rights and Rights to Access to a Lawyer 
12 January 2020
Thomas Wahl Thomas Wahl
Full access to justice is not guaranteed, at least not in an equal way, because defendants are often poorly informed or access to legal assistance is inadequate. This is one of the main results of a report issued by the European Union Agency for Fundamental … Read more
EU European Arrest Warrant Procedural Safeguards
Commission Implementation Report on Access to Lawyer Directive 
12 January 2020 (updated 6 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 27 September 2019, the European Commission published its implementation report on Directive 2013/48/EU on the right of access to a lawyer. The Directive is one of the six EU procedural rights directives that aim to harmonise safeguards of suspected or accused persons in criminal … Read more
EU Procedural Safeguards
Fair Trials: Study on Threats to Presumption of Innocence Regarding Presentation of Suspects in Criminal Proceedings 
10 September 2019
Thomas Wahl Thomas Wahl
On 3 June 2019, Fair Trials – a NGO that stands for improving respect for a fair trial in accordance with international standards – released a report on key threats to the presumption of innocence if suspects are presented in public environment. Read more
EU Procedural Safeguards
CJEU: Italian Law Differentiating Applicability of Negotiated Settlements in Line with EU Law 
10 September 2019
Thomas Wahl Thomas Wahl
In its judgment of 13 June 2019 in case C-646/17 (Gianluca Moro), the CJEU ruled that Union law does not preclude domestic procedural rules that allow the accused person to request a negotiated penalty after the beginning of the trial only if there is a change in the accusation that is of a factual nature and not when the change is of a legal nature. Read more
EU Procedural Safeguards
All Procedural Rights Directives Now Apply 
10 September 2019
Thomas Wahl Thomas Wahl
The transposition period for the directive on special safeguards for children in criminal proceedings (Directive 2016/800) ended on 11 June 2019. Together with the directive guaranteeing access to legal aid (Directive 2016/1919), which had to be transposed by 25 May 2019, it is the last piece of legislation that had to be implemented according to the 2009 Roadmap for strengthening procedural rights. Read more
EU Procedural Safeguards
CJEU: EU Law Does Not Govern the Procedure for Reviewing Pre-Trial Detention Decisions 
17 June 2019 (updated 6 years, 1 month ago)
Thomas Wahl Thomas Wahl
Directive 2016/343 on the strengthening of certain aspects of the presumption of innocence does not govern the rules on how to examine evidence for confirming or maintaining pre-trial detention. The CJEU reiterated this position as already stated in its judgment of 19 September 2018 in … Read more
EU Procedural Safeguards
AG: Italian Rules Restricting Negotiated Settlements in Line with EU Law 
17 June 2019 (updated 7 years ago)
Thomas Wahl Thomas Wahl
Procedural rules of national law that limit the accused person’s possibility to request a negotiated penalty to the beginning of the trial are in conformity with EU law, according to the opinion of Advocate General (AG) Bobek in Case C-646/17 (criminal proceedings against Gianluca Moro … Read more
EU Procedural Safeguards
AG: Bulgaria Must Bring its Law in Line with EIO Directive 
4 June 2019 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2019
If the national legislation of an EU Member State does not provide for legal remedies, by means of which the substantive reasons for an investigative measure requested by a European Investigation Order (EIO), cannot be challenged, this Member State is not entitled to use the EIO instrument. This far-reaching legal ramification was proposed by Advocate General Yves Bot in his opinion of 11 April 2019 in case C-324/17 (criminal proceedings against Ivan Gavanozov) Read more
EU European Investigation Order Procedural Safeguards
Spotlight CJEU: Exclusion Rules on Unlawfully Obtained Evidence Precede Anti-Fraud Obligations 
19 April 2019 (updated 7 years, 5 months ago)
Thomas Wahl Thomas Wahl
Do Art. 325 TFEU and the PIF Convention – read in the light of the principle of effective prosecution of VAT offences – restrict the applicability of national rules on the inadmissibility of evidence? This question was at the core of the CJEU’s judgment of … Read more
EU Tax Evasion Procedural Safeguards
CJEU: EU Directive Does Not Cover Procedure For Reviewing the Lawfulness of Pre-Trial Detention 
16 January 2019
Thomas Wahl Thomas Wahl
On 19 September 2018, the CJEU rendered a judgment on the interpretation of Directive (EU) 2016/343 on the presumption of innocence and Arts. 47 and 48 CFR (Case C-310/18 PPU – Emil Milev). Read more
EU Procedural Safeguards
Report
What Hinders EU Cooperation? Where Should the EU Take Action – Scientific Study Gives Answers 
20 October 2018 (updated 7 years, 11 months ago)
Thomas Wahl Thomas Wahl
On 30 August 2018, the European Parliament Think Tank published a scientific study entitled: “Criminal procedural laws across the European Union– A comparative analysis of selected main differences and the impact they have over the development of EU legislation.” Read more
EU Procedural Safeguards