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ECJ Ruled on Right to New Trial if Suspect Absconds 
30 January 2025 (updated 2 months, 1 week ago)
Thomas Wahl Thomas Wahl in Issue 4/2024
In its judgment of 17 January 2025 in Case C-644/23 (IR II or Stangalov), the ECJ explained the extent to which the conditions for conducting proceedings in absentia within the meaning of Directive 2016/343 are met. Specifically, the issue is the compatibility of provisions of the Bulgarian Code of Criminal Procedure with Articles 8 and 9 of the Directive. Read more
EU Procedural Safeguards
ECJ Rules on Conditions for in absentia Judgments 
29 January 2025
Thomas Wahl Thomas Wahl in Issue 4/2024
In its judgment of 16 January 2025, the ECJ ruled on the compatibility of national provisions with the requirements for criminal proceedings in absentia set out in EU Directive 2016/343. Specifically, the judgment concerns the compatibility of the provisions in the Bulgarian Code of Criminal Procedure regarding the possibility of conducting criminal proceedings in the absence of the defendant (Case C-400/23, VB II). Read more
EU Procedural Safeguards
Spotlight Regulation on the Transfer of Criminal Proceedings Published 
29 January 2025
Thomas Wahl Thomas Wahl in Issue 4/2024
This news item summarises the main elements of another piece of EU legislation that seeks to enhance judicial cooperation within the common area of freedom, security and justice: Regulation (EU) 2024/3011, adopted by the European Parliament and the Council on 27 November 2024, lays down rules on the transfer of criminal proceedings between the Member States with a view to improving the efficient and proper administration of justice. Read more
EU Judicial Cooperation
ECJ Ruled on Material Scope of EIO Directive 
28 January 2025 (updated 1 year, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2024
On 9 January 2025, the ECJ rendered a judgment on the material scope of Directive 201/41/EU regarding the European Investigation Order. The ECJ interpreted the concept of "investigative measure" in the context of a Spanish request to serve an indictment to an accused person. Read more
EU European Investigation Order
Directive on Ship-Source Pollution Amended 
28 January 2025
Thomas Wahl Thomas Wahl in Issue 4/2024
Directive 2005/35/EC as regards ship-source pollution and on the introduction of administrative penalties for infringements was amended by a new Directive published on 16 December 2024. The Directive updates the 2005 legal framework and incorporates into Union law international standards on illegal discharges from ships at sea. It also aims to ensure that those responsible for such discharges are subject to dissuasive, effective and proportionate sanctions. Read more
EU Environmental Crime
EU Strengthened Cybersecurity with New Legislative Measures 
27 January 2025
Dr. Anna Pingen Dr. Anna Pingen in Issue 4/2024
The European Parliament and the Council adopted two new laws under the cybersecurity legislative package to bolster the EU's ability to detect, prepare for, and respond to cyber threats and incidents:The Cyber Solidarity Act (Regulation 2025/38);The targeted amendment to the Cybersecurity Act (CSA) … Read more
EU Security Union Legislation Cybercrime
Spotlight High Level Group Recommendations on Law Enforcement Data Access 
27 January 2025 (updated 1 year, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2024
This news item summarises the recommendations and major conclusions of the High-Level Group on access to data for effective law enforcement. It also reports on the controversies the report triggered with data protection experts and civil society organisations. Read more
EU Fundamental Rights Area of Freedom, Security and Justice Digital Space Regulation Law Enforcement Cooperation
FASTER Directive on Excess Withholding Taxes Published 
22 January 2025
Thomas Wahl Thomas Wahl in Issue 4/2024
On 10 January 2025, Council Directive (EU) 2025/50 on faster and safer relief of excess withholding taxes was published in the EU's Official Journal L, 2025/50. The new rules make withholding tax procedures in the EU more efficient, secure and simplified for investors, financial intermediaries … Read more
EU Tax Evasion
OLAF’s Operational Work July-December 2024 
22 January 2025 (updated 1 year, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2024
This news item summarises OLAF’s operational work in the second half of 2024 in reverse chronological order. It follows the reports on operations supported by OLAF in the first half of 2024 published in → eucrim 1/2024, 17-18. Read more
EU OLAF Customs Cooperation
ECA Report: Still Gaps in Fight against Harmful Tax Regimes 
21 January 2025
Thomas Wahl Thomas Wahl in Issue 4/2024
According to a special report by the ECA, the EU has strengthened defence measures against harmful tax regimes and corporate tax avoidance, but has not closed all the gaps. The Commission and the Member States failed to monitor the implementation of adequate measures to fight the problem of tax avoidance by aggressive tax plannings. Read more
EU Tax Evasion
German Federal Constitutional Court: Use of EncroChat Data in Criminal Proceedings Admissible 
21 January 2025 (updated 1 year, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2024
On 1 November 2024, the German Federal Constitutional Court rejected a constitutional complaint against a criminal conviction for dealing in narcotics in a non-negligible quantity, which was based on the use of EncroChat data as evidence. The Federal Constitutional Court in essence backed the case law of the Federal Court of Justice which sees no exclusionary rule in the use of said data which were gathered by French law enforcement authorities via the use of mass surveillance technology. Read more
EU Fundamental Rights Organised Crime European Investigation Order Law Enforcement Cooperation Data Protection
Spotlight New Five-Year Programme on Future Priorities in the Fields of Justice and Home Affairs 
15 January 2025
Thomas Wahl Thomas Wahl in Issue 4/2024
At their meeting on 12 December 2024, the EU Member States' Minsters responsible for home and justice affairs approved a new strategic agenda that shapes the future direction of EU policy in the area of freedom, security and justice (AFSJ). According to the titled "strategic guidelines for legislative and operational planning within the area of freedom, security and justice", the EU institutions are called on to put the set priorities into action during the next legislative cycle. Read more
EU Area of Freedom, Security and Justice Legislation Council Organised Crime Judicial Cooperation Law Enforcement Cooperation
Spotlight EDPB Opinion on AI Data Processing 
15 January 2025
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 4/2024
On 17 December 2024, the European Data Protection Board (EDPB) published its Opinion on certain data protection aspects related to the processing of personal data in the context of Artificial Intelligence (AI) models. Read more
EU Artificial Intelligence (AI) Data Protection
Key Challenges for Effective Response to Victims of Crime 
13 January 2025
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 4/2024
On 28 November 2024, the EU Agency for Fundamental Rights (FRA) published a paper titled “Stepping up the response to victims of crime: FRA’s findings on challenges and solutions” The paper outlines the main challenges and solutions in promoting and protecting victims' rights … Read more
EU Fundamental Rights Agency for Fundamental Rights (FRA) Victim Protection
New Regulation Will Ban Products Made with Forced Labour from Union Market 
10 January 2025
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 4/2024
On 12 December 2024, Regulation (EU) 2024/3015 of 27 November 2024 on prohibiting products made with forced labour on the Union market and amending Directive (EU) 2019/1937 was published in the Official Journal. The new legal framework will prohibit to place and make available on … Read more
EU Legislation Illegal Employment
First European Prosecutors for Poland and Sweden Appointed 
8 January 2025
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 4/2024
On 12 December 2024, the Council appointed the European Prosecutors for Poland and Sweden. Both countries have recently joined the EPPO with Poland being the 23rd EU Member State joining the EPPO (→eucrim 1/2024, 18) and Sweden the 24th (→eucrim 2/2024, … Read more
EU European Public Prosecutor's Office (EPPO)