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ECJ: Deficiencies in Fair Trial Protection Can Block Recognition of Custodial Sentence 
2 February 2024 (updated 2 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2023
If there are deficiencies in the rule of law, which have an impact on the concrete criminal decision, not only extradition but also the execution of a prison sentence can be refused. This was decided by the ECJ on 9 November 2023 upon a referral by the Regional Court of Aachen (Germany). Read more
EU Fundamental Rights Transfer of Sentenced Persons
AG: Decision Granting Refugee Status Not Binding for Extradition 
2 February 2024 (updated 1 year, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2023
A Member State is not bound by the decision of another Member State regarding the recognition of refugee status within the meaning of the Geneva Refugee Convention. This is the view taken by Advocate General (AG) Jean Richard de la Tour in his Opinion of 19 October 2023 in Case C-352/22 referred by the Higher Regional Court of Hamm, Germany. Read more
EU Judicial Cooperation
EP Remarks on 2022 PIF Report 
1 February 2024 (updated 1 year, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2024
On 18 January 2024, the EP adopted a resolution assessing the 2022 PIF Annual Report. The resolution provided remarks on the protection of the EU's financial interests for revenue and expenditure, challanges in relation to NGEU/RRF spending, the digitalisation, the anti-fraud architecture and the external dimension of protecting the EU budget. Read more
EU European Parliament Protection of Financial Interests
Spotlight ECJ: Public Prosecutor's Order to Discontinue Proceedings due to Lack of Evidence Triggers ne bis in idem Rule 
1 February 2024 (updated 2 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2023
In its judgment in Terhelt5, the ECJ concluded that the public prosecutor's decision in one EU Member State to close criminal proceedings against a suspect due to lack of sufficient evidence can trigger the ne bis in idem principle. The judgment includes several clarifications on the condition whether a decision can be considered "finally disposed of" within the meaning of Art. 54 CISA/Art. 50 CFR. Read more
EU Ne bis in idem
Balancing Privacy and Scrutiny: GDPR in the Spotlight as Parliamentary Inquiries Unfold 
1 February 2024 (updated 2 years, 6 months ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 4/2023
In its judgment of 16 January 2024, the ECJ clarified to which extent a parliamentary inquiry committee that scrutinizes national security activities is subject to the obligation under the General Data Protection Regulation (GDPR) and to which extent compliance with the GDPR must be monitored … Read more
EU Fundamental Rights Data Protection
EP Urges Council to Criminalise Hate Speech and Hate Crime 
31 January 2024 (updated 4 months, 2 weeks ago)
Dr. Anna Pingen Dr. Anna Pingen / Thomas Wahl Thomas Wahl in Issue 1/2024
On 18 January 2024, the European Parliament (EP) adopted a resolution that calls on the Council to take a decision to include hate speech and hate crime among the list of "EU crimes" under Article 83(1) TFEU. The Commission tabled a corresponding proposal in … Read more
EU European Parliament Racism and Xenophobia
EPPO’s Operational Activities: mid-November – December 2023 
31 January 2024 (updated 2 years, 5 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2023
This news item provides an overview of EPPO's main operational activities from 16 November to 31 December 2023. It continues the periodic reports of the last issues (→ eucrim 3/2023, 247-248) and is in reverse chronological order.21 December 2023: The EPPO in Zagreb … Read more
EU European Public Prosecutor's Office (EPPO)
GC: EPPO’s Request for the Lifting of Parliamentary Immunity Not Open to Challenge 
31 January 2024 (updated 1 year, 1 month ago)
Thomas Wahl Thomas Wahl in Issue 4/2023
By order of 16 January 2024, the General Court dismissed Eva Kaili’s action for annulment against the request by the European Chief Prosecutor to lift her parliamentary immunity (Case T-46/23).Facts of the caseThe EPPO is conducting investigations against Greek MEP … Read more
EU European Public Prosecutor's Office (EPPO) Protection of Financial Interests Procedural Safeguards
New Regulation for Cybersecurity of EU Institutions 
23 January 2024
Dr. Anna Pingen Dr. Anna Pingen in Issue 4/2023
The new Cybersecurity Regulation laying down measures for a high common level of cybersecurity at the institutions, bodies, offices, and agencies of the Union entered into force on 7 January 2024. The new legal framework follows the Commission's proposal for the Cybersecurity Regulation in March … Read more
EU Legislation Cybercrime
EPPO’s Operational Activities: October – mid-November 2023 
23 January 2024 (updated 2 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2023
This news item provides an overview of EPPO's main operational activities from 1 October to 15 November 2023. It continues the periodic reports of the last issues (→ eucrim 2/2023, 124-128) and is in reverse chronological order.15 November 2023: Within the framework of … Read more
EU European Public Prosecutor's Office (EPPO)
First Formal Proceedings Launched by Commission under DSA: X Under Investigation 
18 January 2024 (updated 1 year, 10 months ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 3/2023
The Commission has opened its first formal proceedings under the DSA to assess whether X may have breached the act in areas related to risk management, content moderation, dark patterns, advertising transparency, and data access for researchers. Read more
EU Commission Data Protection
Spotlight AI Act: Parliament and Council Reach Provisional Agreement on World's First AI Rules 
18 January 2024 (updated 2 years, 2 months ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 4/2023
After three days of intense negotiations, the Council and the European Parliament reached a provisional agreement on the Artificial Intelligence (AI) Act. This legislation aims to ensure the safety of AI systems on the European market, respect for fundamental rights, and stimulate investment and innovation in AI in Europe. Read more
EU Artificial Intelligence (AI) Legislation Council European Parliament
Operation NOXIA: Successful Cooperation between Asia and Europe 
17 January 2024 (updated 7 months, 4 weeks ago)
Thomas Wahl Thomas Wahl in Issue 4/2023
On 16 October 2023, OLAF informed of the results of Operation NOXIA that brought together European and Asian partners. The Operation targeted deep-sea containers in EU and Asian ports in a bid to prevent dangerous substances from being smuggled. It was part of ASEM (Asia-Europe … Read more
EU OLAF
Operation Opson XII: 8000 Tonnes of Illicit Food and Beverages Seized 
16 January 2024 (updated 1 year, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2023
On 10 October 2023, OLAF and Europol informed of the results from the twelfth consecutive operation OPSON, which was carried out between December 2022 and May 2023. Operation OPSON targets counterfeit and substandard food and beverages. Targeted actions coordinated by OLAF led to the seizure of 6 million litres of counterfeit, substandard or contraband alcoholic beverages. Read more
EU OLAF Europol Counterfeiting & Piracy
2023 Report on Application of the Charter of Fundamental Rights in the EU 
15 January 2024 (updated 7 months, 2 weeks ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 4/2023
On 4 December 2023, the Commission published the 2023 annual report on the application of the EU Charter of Fundamental Rights. It gives an overview of the relevant legal EU framework in place by describing recent developments (2020-2023) and presents both achievements and challenges in the EU Member States. Read more
EU Fundamental Rights Commission
EP Resolution on Frontex Fact-Finding Investigation 
15 January 2024
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 4/2023
In a resolution, MEPs highlight the need for a well-functioning European Border and Coast Guard Agency (Frontex) to help member states manage the EU’s external borders. Read more
EU Frontex