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CJEU: Amnesty Does Not Preclude Issuance of EAW 
19 January 2022
Thomas Wahl Thomas Wahl
On 16 December 2021, the CJEU ruled that a European arrest warrant (EAW) may be issued even if the underlying criminal proceedings have been resumed after an amnesty. The case refers to criminal proceedings before a Slovak criminal court which reexamines criminal offences committed by Slovakian security officers in the 1990es. Read more
EU European Arrest Warrant Ne bis in idem
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
AG: Amnesty Does Not Trigger ne bis in idem Protection 
7 July 2021 (updated 4 years, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2021
In the framework of a reference for a preliminary ruling by a Slovak court, the CJEU has to deal with the question whether the EU-wide ne bis in idem principle precludes the issuance of a European Arrest Warrant (EAW) when an amnesty had been granted. … Read more
EU European Arrest Warrant Ne bis in idem
Spotlight CJEU Judgment on Compatibility of Interpol Searches and Arrests with Ne bis in idem Principle 
15 June 2021 (updated 4 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2021
States that are party to the Schengen Agreement can refuse to follow an Interpol red notice seeking extradition of an individual to a third country if he/she has already been finally tried in one of the Schengen States. The CJEU delivered this groundbreaking judgment on 12 May 2021 in Case C-505/19. Read more
EU Judicial Cooperation Police Cooperation Data Protection Ne bis in idem
CJEU Clarifies Scope of Ne Bis in Idem Principle Involving Sentences by Third Countries 
20 May 2021 (updated 3 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2021
On 29 April 2021, the CJEUdelivered a judgment on interpretation of Art. 4(5) of the Framework Decision on the European Arrest Warrant (FD EAW) for the first time. It also decided that convictions combined with leniency measures in third countries can be a ground for refusing the execution of an EAW. Read more
EU European Arrest Warrant Ne bis in idem
AG: Union Ne bis in idem Rules Shelter Union Citizens from Extraditions to Third Countries 
13 December 2020 (updated 5 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2020
Advocate General Bobek concludes that the fundamental principle of ne bis in idem, in conjunction with the right to free movement, precludes Member States from implementing a red notice issued by Interpol at the request of a third country and from restricting the freedom of movement of a citizen of the Union. Read more
EU Judicial Cooperation Ne bis in idem
German Court Links Petruhhin Doctrine with ne bis in idem and Boosts Common European Criminal Law 
9 August 2020 (updated 2 years, 4 months ago)
Thomas Wahl Thomas Wahl
A German court transferred the principles on extradition of EU citizens to third countries (as established by the CJEU) to the privilege not to be prosecuted twice. In the case at issue before the Higher Regional Court of Frankfurt am Main, the USA requested … Read more
EU Judicial Cooperation Ne bis in idem
Update on Ne Bis In Idem Case Law 
9 July 2020
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
At the beginning of May 2020[T1] , Eurojust published an updated edition of its overview on the case law of the CJEU on the ne bis in idem principle in criminal matters, covering 20 cases from 2003 to 15 March 2020. The update explains the … Read more
EU Eurojust Ne bis in idem
Art. 54 CISA and Red Notices  German Administrative Court Casts Doubt on Reliability of Interpol
10 September 2019
Thomas Wahl Thomas Wahl
Whether the maintenance of Red Notices by Interpol is in line with a person’s right to free movement within the European Union is the subject of a reference for preliminary ruling by the Adminstrative Court of Wiesbaden, Germany, launched on 27 June 2019. Read more
EU Ne bis in idem
CJEU Blames Hungary for Non-Execution of Croatian EAW for Corruption 
20 October 2018 (updated 3 years, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2018
On 25 July 2018, the CJEU rendered an important judgment on the obligations of the executing authority in the European Arrest Warrant (EAW) system. Furthermore, the judgment interprets the refusal grounds of Art. 3 No. 2 and Art. 4 No. 3 FD EAW. Read more
EU European Arrest Warrant Ne bis in idem
CJEU: Acquittal in Criminal Proceedings Can Block Administrative Fines 
6 June 2018 (updated 8 years, 3 months ago)
Alexander Oppers Alexander Oppers / Thomas Wahl Thomas Wahl
On 20 March 2018, the CJEU rendered decisions in two cases that dealt with another aspect within the framework of the admissibility of the duplication of administrative and criminal penalties under EU law. The joined cases C-596/16 and C-597/16 (Enzo Di Puma and Antonio … Read more
EU Ne bis in idem
CJEU: Italian Legislation Combining Administrative and Criminal Sanctions Against Market Manipulation Does Not Respect EU’s ne bis in idem Principle 
6 June 2018 (updated 8 years, 3 months ago)
Alexander Oppers Alexander Oppers / Thomas Wahl Thomas Wahl
In a judgment of 20 March 2018 on the combination of administrative and criminal proceedings/penalties, the CJEU ruled that Art. 50 CFR precludes national legislation that allows an administrative proceeding imposing penalties of a criminal nature for unlawful conduct consisting in market manipulation for which … Read more
EU Ne bis in idem
CJEU: Criminal Penalty in Addition to Penalty in Tax Proceedings to Combat VAT Fraud Possible 
6 June 2018 (updated 4 years, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2018
In the case C-524/15, Luca Menci, the CJEU had to give guidance as to whether criminal proceedings against an individual – for the same act – can be brought after an administrative penalty was already imposed for not having paid high amounts of … Read more
EU Court of Justice of the European Union (CJEU) Protection of Financial Interests Ne bis in idem
CJEU Delivers Leading Judgments on Combination of Administrative and Criminal Penalties 
6 June 2018 (updated 2 years, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2018
On 20 March 2018, the CJEU delivered three judgments that addressed a fundamental question in relation to the ne bis in idem principle as set out in Article 50 CFR, namely whether it is possible to combine administrative and criminal proceedings/penalties.Art. 50 of the … Read more
EU Ne bis in idem