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Enhanced Criminal Law Rules to Combat Child Sexual Abuse 
29 February 2024 (updated 2 years, 1 month ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 1/2024
On 6 February 2024, the Commission introduced a proposal to update criminal law rules aimed at addressing child sexual abuse and exploitation more effectively. The revised rules would expand the scope of offenses, impose stricter penalties, and introduce specific requirements for prevention and victim support. … Read more
EU Legislation Commission
Fifth SIRIUS Report 
29 February 2024 (updated 1 year, 9 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 1/2024
The 2023 SIRIUS EU Electronic Evidence Situation Report, jointly published by Europol, Eurojust, and the European Judicial Network, shed light on the cross-border investigations involving electronic evidence within the European Union from the perspective of law enforcement, the judiciary and service providers. Read more
EU Europol Eurojust European Judicial Network (EJN) e-Evidence Law Enforcement Cooperation
ECJ Rules on Taxable Person in Case of VAT Fraud 
28 February 2024 (updated 1 year, 7 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2024
On 30 January 2024, the ECJ ruled that in cases of VAT fraud, the employee using her employer’s details to issue fake invoices is liable for the amount of the taxes entered on them, provided that the employer, who is a taxable person for VAT purposes, has exercised the due diligence reasonably required to monitor the conduct of its employee. Read more
EU Tax Evasion
Spotlight ECJ Ruling on the Exercise of Judicial Review in EPPO’s Cross-Border Investigations 
27 February 2024 (updated 1 year, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2023
On 21 December 2023, the Grand Chamber of the Court of Justice of the European Union (ECJ) delivered its judgment in Case C-281/22 (G.K. and Others [parquet européen]). In this first judgment on the interpretation of Regulation 2017/1939, the ECJ examined the extent of judicial review in cross-border investigation by the European Public Prosecutor's Office. This news item summarises and comments on the judgment. Read more
EU European Public Prosecutor's Office (EPPO) Judicial Cooperation
Hungary: Rule-of-Law Developments May 2023 - Mid-January 2024 
22 February 2024 (updated 2 years, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2023
This news item continues the overview of concerning rule-of-law developments in Hungary, including their implications on the protection of the EU budget. It covers the period from the end of May 2023 to mid-January 2024. It follows up the overview in eucrim 1-2023/, 5-6. Read more
EU Rule of Law
Rule of Law Developments in Poland: Mid October 2023 - Mid January 2024 
22 February 2024 (updated 2 years, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2023
This news item continues the overview of the rule-of-law developments in Poland (as far they relate to European law issues) from 16 October 2023 to mid-January 2024. They follow up the overview in eucrim 2/2023, 111-113. Read more
EU Rule of Law
EU Reactions to Russian War against Ukraine: Overview October 2023 – January 2024 
22 February 2024 (updated 1 year, 11 months ago)
Dr. Anna Pingen Dr. Anna Pingen / Thomas Wahl Thomas Wahl in Issue 4/2023
This news item continues the reporting on key EU reactions following the Russian invasion of Ukraine with regards tothe impact of the invasion on the EU’s internal security policy, criminal law, and the protection of the EU’s financial interests. It cover the period from the beginning of October 2023 to the end of January 2024. Read more
EU Area of Freedom, Security and Justice Ukraine conflict Protection of Financial Interests
General Court Judgments on Anti-War Sanctions 
21 February 2024 (updated 2 years, 7 months ago)
Dr. Anna Pingen Dr. Anna Pingen / Thomas Wahl Thomas Wahl in Issue 4/2023
This news item provides an overview of recent judgments by the General Court on actions brought against the EU's sanction regime against Russia. Read more
EU Fundamental Rights Ukraine conflict
Launch of European Ports Alliance 
15 February 2024 (updated 1 year, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2024
On 24 January 2024, the European Commission and the Belgian Council Presidency officially launched the European Ports Alliance and its Public Private Partnership. Strengthening the resilience of logistics hubs through a European Ports Alliance is one of the key priorities outlined first in the EU … Read more
EU Organised Crime
Enhancing the EU's Rule of Law Framework: Evaluation of the Council's Annual Dialogue Mechanism 
15 February 2024
Dr. Anna Pingen Dr. Anna Pingen in Issue 4/2023
On 12 December 2023, the Council reviewed its annual rule of law dialogue: a commitment by EU Member States to uphold and strengthen the rule of law as a foundational value of the EU. The dialogue is a structured political exercise aimed at evaluating the … Read more
EU Rule of Law Council
ECJ Clarifies GDPR Administrative Fines 
14 February 2024 (updated 2 years, 6 months ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 4/2023
In its judgments of 5 December 2023 in Case C-683/21 (Nacionalinis visuomenės sveikatos centras) and Case C-807/21 (Deutsche Wohnen), the ECJ clarified several aspects of the General Data Protection Regulation (GDPR) regarding administrative fines for data protection infringements. It follows that … Read more
EU Data Protection
EPPO and France's Treasury Cooperate in Fraud Against the RRF 
13 February 2024
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 1/2024
On 17 January 2024, the EPPO and France's Treasury, together with its Interministerial Anti-Fraud Coordination Mission (MICAF), signed a Working Arrangement to foster the detection of fraud involving the Resilience and Recovery Facility (RRF). In France, the implementation of the National Recovery and Resilience Plan … Read more
EU European Public Prosecutor's Office (EPPO) Protection of Financial Interests
Spotlight AG: EncroChat Data Can, in Principle, Be Used in Criminal Proceedings 
8 February 2024 (updated 2 years, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2023
On 26 October 2023, Advocate General (AG) Tamara Ćapeta released her opinion on the reference for a preliminary ruling with regard to the EncroChat case. In the case at issue, the Regional Court of Berlin, Germany, asked several questions as to the lawfulness of … Read more
EU European Investigation Order Law Enforcement Cooperation
EP Worries about Rule-of-Law Developements in Slovakia 
7 February 2024 (updated 9 months, 3 weeks ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 1/2024
On 17 January 2024, the European Parliament (EP) adopted a resolution in which it voiced profound concern over several Slovak government's measures that will weaken the rule of law in the country. This includes the Slovak government's intention to dissolve pivotal anti-corruption bodies, including the … Read more
EU Rule of Law European Parliament
Council: Assessment of Follow-Up to the Conference on the Future of Europe 
7 February 2024
Dr. Anna Pingen Dr. Anna Pingen in Issue 4/2023
On 7 December 2023, the General Secretariat of the Council published its assessment on the follow-up to the Conference on the Future of Europe, which concluded on 9 May 2022 (→ eucrim 2/2022, 84-85). It provided an updated assessment on the follow-up, specifically the … Read more
EU Reform of the European Union
ECJ Ruling on Right to Erasure of Biometric and Genetic Data 
2 February 2024
Dr. Anna Pingen Dr. Anna Pingen in Issue 1/2024
On 30 January 2024, the ECJ delivered its judgment in Case C-118/22 (NG) involving the Director of the National Police Directorate-General at the Bulgarian Ministry of the Interior (Direktor na Glavna direktsia "Natsionalna politsia" pri MVR – Sofia). The Court ruled … Read more
EU Data Protection