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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
Terrorist Content Online Regulation – Controversies in Trilogue 
28 April 2020
Thomas Wahl Thomas Wahl
On 21 January 2020, the LIBE Committee discussed the Commission proposal for a regulation on preventing the dissemination of terrorist content online (for the proposal, see eucrim 2/2018, 97-98 and the article by G. Robinson, eucrim 4/2018, p. 234). Rapporteur Patryk Jaki (ECR, … Read more
EU Racism and Xenophobia Terrorism
Eurobarometer: Europeans Attitudes towards Cyber Security 
28 April 2020
Thomas Wahl Thomas Wahl
Alongside the presentation of the EU toolbox on joint security measures for 5G networks in January 2020, a special Eurobarometer survey was published that aimed at identifying EU citizens’ awareness, experience, and perception of cyber security. The fieldwork was carried out in October 2019. The … Read more
EU Cybercrime
EU’s 5G Cybersecurity Toolbox 
28 April 2020
Thomas Wahl Thomas Wahl
On 29 January 2020, the Commission tabled an EU toolbox of mitigating measures with the consensus of EU Member States in order to address security risks related to the rollout of 5G, the fifth generation of mobile networks. Ensuring protection of 5G from cybersecurity threats … Read more
EU Cybercrime
Evaluation of the Tobacco Taxation Directive 
28 April 2020
Thomas Wahl Thomas Wahl
On 10 February 2020, the European Commission published the results of its evaluation of Directive 2011/64/EU, which provides for the structure and rates of excise duties on manufactured tobacco (i.e., cigarettes, cigars and cigarillos, fine-cut tobacco for rolling cigarettes, and other smoking tobacco). The … Read more
EU Tax Evasion
Tax Policies in the European Union − 2020 Survey 
28 April 2020
Thomas Wahl Thomas Wahl
On 31 January 2020, the European Commission (DG TAXUD) published the fourth edition of its survey on “tax policies in the EU.” The survey examines how Member States’ tax systems perform in respect of the following benchmarks:Stimulating investment and addressing positive and negative externalities; … Read more
EU Tax Evasion
Council Revises List of Non-Cooperative Tax Jurisdictions 
28 April 2020 (updated 2 years, 7 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2020
On 18 February 2020, the Economic and Financial Affairs Council revised the EU list of non-cooperative jurisdictions for tax purposes. By blacklisting certain countries, the EU aims to promote good tax governance at the global level. The list includes jurisdictions that either have not engaged … Read more
EU Tax Evasion
Commission Announces New Initiatives to Tackle Tax Evasion 
28 April 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
The European Commission announced that it will adopt a new action plan to fight tax evasion in the second quarter of 2020. The Commission opened a public consultation for this purpose. The Action Plan will not only include key initiatives to tackle tax evasion and … Read more
EU Tax Evasion
Kiel Study: EU’s Trade Self-Surplus Goes Back to VAT Fraud 
26 April 2020
Thomas Wahl Thomas Wahl
In a working paper published in January 2020, the Kiel Institute for the World Economy (IfW) and the ifo Institute in Munich, Germany elucidate that the main reason for the EU’s large trade surplus with itself is apparently large-scale VAT fraud. By applying forensic accounting … Read more
EU Tax Evasion
New Legislation to Fight VAT Fraud in Cross-Border E-Commerce 
26 April 2020
Thomas Wahl Thomas Wahl
In February 2020, the Council adopted new legislative measures to combat cross-border VAT fraud caused by the fraudulent behaviour of some businesses in the area of cross-border e-commerce. The reform will introduce obligations for payment service providers, e.g., banks, to keep sufficiently detailed records and … Read more
EU Tax Evasion
Infringement Procedures for Non-Transposition of 5th AML Directive 
26 April 2020
Thomas Wahl Thomas Wahl
On 12 February 2020, the Commission started infringement proceedings against eight Member States for not having transposed the 5th Anti-Money Laundering Directive (Directive (EU) 2018/843; see also eucrim 2/2018, pp. 93-94). The Commission sent letters of formal notice to Cyprus, Hungary, the … Read more
EU Money Laundering
Commission Roadmap on Future AML/CFT Actions 
26 April 2020
Thomas Wahl Thomas Wahl
On 12 February 2020, the Commission published the roadmap “towards a new comprehensive approach to preventing and combating money laundering and terrorism financing.” The roadmap launched a public consultation on possible ways to overhaul current EU AML/CFT legislation. It follows the AML package presented by … Read more
EU Money Laundering
EBA Report on Performance of AML/CFT Banking Supervision 
26 April 2020 (updated 4 years, 5 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2020
Authorities still face challenges in the AML/CFT supervision of banks. Measures to correct deficiencies in banks’ anti-money laundering and countering the financing of terrorism (AML/CFT) systems and controls should be more dissuasive. These are one of the main conclusions of the European Banking Authority’s (EBA) … Read more
EU Money Laundering
Budgetary Control Committee: EU Must Strengthen Fight Against Fraud 
26 April 2020
Thomas Wahl Thomas Wahl
On 19 February 2020, the EP’s Budgetary Control Committee (CONT) voted on the discharge report prepared by MEP Monika Hohlmeier (EPP, DE). By a 20 to 4 vote, the committee members voted in favour of granting discharge of the Commission’s accounts for 2018 (corresponding to … Read more
EU Protection of Financial Interests