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EP: Time Is Ripe for a Comprehensive DRF Mechanism 
16 January 2019
Thomas Wahl Thomas Wahl
In a resolution of 14 November 2018, the EP called on the Commission to present a proposal for a comprehensive EU mechanism on democracy, the rule of law, and fundamental rights (in short: “DRF”). Several EU Member States were not maintaining the core EU … Read more
EU Fundamental Rights
Spotlight CJEU: No Rehearing for Alleged Infringements of EU Fundamental Rights 
16 January 2019
Thomas Wahl Thomas Wahl
On 24 October 2018, the CJEU published a judgment on the question of whether national legislation laying down a remedy allowing criminal proceedings to be reheard in the event of infringement of the ECHR must be extended to alleged infringements of fundamental rights enshrined … Read more
EU Fundamental Rights Schengen Judicial Cooperation
Report
The 2018 Conference on International Extradition and the European Arrest Warrant 
24 October 2018 (updated 7 years, 8 months ago)
Prof. Dr. Stefano Maffei Prof. Dr. Stefano Maffei
Academic and practising lawyers from around the world gathered in Sarnico, Italy in the last week of June 2018 to brainstorm on current developments in extradition law in several countries, including the UK, Scotland, USA, Italy, Albania, Australia, Germany, and Switzerland. A poll of participants indicated that virtually all considered the two-day conference a complete success. Read more
EU European Arrest Warrant Judicial Cooperation
Spotlight CJEU: Refusal of EAW in Case of Fair Trial Infringements Possible as Exception 
22 October 2018 (updated 4 years, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2018
On 25 July 2018, the CJEU delivered its judgment on the non-execution of European Arrest Warrants (EAWs) in cases of systemic deficiencies regarding the independence of the judiciary (Case C-216/18 PPU [“LM”]). Read more
EU European Arrest Warrant
Spotlight 2017 PIF Report 
21 October 2018 (updated 7 years, 10 months ago)
Thomas Wahl Thomas Wahl
On 3 September 2018, the Commission published its annual report on “The Protection of the EU’s financial interests – Fight against fraud – 2017”. It is the 29th report that annually provides information on the main legal and practical measures taken by the Commission and the EU Member States to counter fraud and other illegal activities affecting the Union’s budget. Read more
EU Protection of Financial Interests
Spotlight CJEU: Special Recognition Procedure Not in Line with EU Law 
21 October 2018 (updated 7 years, 10 months ago)
Thomas Wahl Thomas Wahl
On 5 July 2018, the CJEU ruled that Framework Decision 2008/675/JHA precludes Hungarian procedural rules on the recognition and validity of final criminal judgments previously handed down by the court of another Member State (Case C-390/16 [Lada]). Read more
EU Taking Account of Convictions
JHA Ministers’ Debate on e-Evidence Legislation 
20 October 2018 (updated 7 years, 10 months ago)
Thomas Wahl Thomas Wahl
At their Council meeting of 4-5 June 2018, the JHA Ministers held a first policy debate on the Commission’s proposals for a legislative EU framework on cross-border access to e-evidence. The legislative proposals were tabled on 17 April 2018. Read more
EU e-Evidence Law Enforcement Cooperation
Council and EP Shape Regulation on Freezing and Confiscation Orders 
20 October 2018
Thomas Wahl Thomas Wahl
On 20 June 2018, the Council announced that a political agreement had been reached with the European Parliament on new EU rules for the mutual recognition of freezing and confiscating orders. Read more
EU Freezing of Assets / Confiscation
EP Calls for Strict Implementation of Victims’ Protection Directive 
20 October 2018
Thomas Wahl Thomas Wahl
On 30 May 2018, the plenary of the European Parliament adopted a resolution on the implementation of Directive 2012/29/EU establishing minimum standards on the rights, support, and protection of victims of crime. Read more
EU Victim Protection
Council Conclusions on Proctection of Victims of Terrorism 
20 October 2018
Thomas Wahl Thomas Wahl
On 5 June 2018, the JHA Council adopted conclusions on victims of terrorism. They mainly call for effective cooperation between the authorities and entities responsible for the protection of victims of terrorism in order to facilitate the rapid exchange of information and assistance in the event of a terrorist attack. Read more
EU Victim Protection
Council Ready to Start Negotiations on Interoperability Legal Framework 
20 October 2018 (updated 7 years, 10 months ago)
Thomas Wahl Thomas Wahl
Despite criticism from data protection and fundamental rights organisations, the EU institutions continue to make progress in adopting legislation on the interoperability between EU information systems in the area of justice and home affairs. On behalf of the European Council, the Permanent Representatives Committee (Coreper) approved a mandate for negotiations on the proposed two regulations establishing a framework for interoperability on 14 June 2018. Read more
EU Law Enforcement Cooperation Data Protection
Handbook on European Data Protection Law 
20 October 2018
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
In May 2018, the EU Agency for Fundamental Rights (FRA), together with the Council of Europe (CoE), published an update of its Handbook on European Data Protection Law, the first edition of which had been published in 2014. Read more
EU Data Protection
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
ECA: Commission To Better Measure Effectiveness of EU Action Against Radicalisation 
20 October 2018
Thomas Wahl Thomas Wahl
On 29 May 2018, the European Court of Auditors (ECA) published its special report No 13/2018, which looked into the EU’s action against radicalisation, i.e., the phenomenon of people embracing extremist ideologies and behaviour which could lead them to commit acts of terrorism. The … Read more
EU Racism and Xenophobia
Commission Wants Binding EU Rules to Fight Terrorist Content Online 
20 October 2018 (updated 5 years, 9 months ago)
Thomas Wahl Thomas Wahl
On 12 September 2018, the European Commission presented a legislative proposal for a regulation on preventing the dissemination of terrorist content online (COM(2018) 640 final). The proposal introduces a number of measures to prevent the misuse of Internet hosting services to disseminate terrorist propaganda and terrorist content online. Read more
EU Racism and Xenophobia Terrorism
Council Conclusions: Better Use of SIS Against Foreign Terrorist Fighters 
20 October 2018
Thomas Wahl Thomas Wahl
The Council meeting of the JHA Ministers on 4-5 June 2018 saw the adoption of conclusions to strengthen the cooperation and use of the Schengen information system (SIS) to deal with persons involved in terrorism or terrorism-related activities, including foreign terrorist fighters. The conclusions are addressed to the Member States, the Commission, Europol, Frontex, and CEPOL. They aim to facilitate the identification and tracing of foreign terrorist fighters based on SIS hits. Read more
EU Terrorism