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WJP Rule of Law Index 2023: Global Rule of Law Continues to Decline
23 November 2023
(updated 2 years, 7 months ago)
Dr. Anna Pingen
in Issue
3/2023
Amid alarming global developments, the integrity of the rule of law is on a decline, affecting more than six billion individuals globally. The 2023 Rule of Law Index released by the World Justice Project (WJP) on 25 October 2023 highlights the ongoing erosion in global …
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EU
Rule of Law
Europol Successfully Collaborates with TikTok on Referral Action Day
23 November 2023
Cornelia Riehle LL.M.
In the context of the public-private partnership between TikTok, law enforcement agencies, and Europol, the partners conducted a Referral Action Day to target suspected terrorist and violent extremist content online. The public-private partnership aims to address terrorists' abuse of the Internet, prevent online radicalisation, and …
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EU
Europol
Terrorism
FRA's Strategic Priority 2023-2028
23 November 2023
Cornelia Riehle LL.M.
FRA’s strategic priorities for the next five years have been set out in its recently published Strategic Plan 2023-2028. It assesses a number of megatrends that seem most relevant to fundamental rights and looks at how the set priorities can be achieved in the upcoming years.
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EU
Agency for Fundamental Rights (FRA)
Eurojust Signs Working Arrangement with Nigeria
23 November 2023
Cornelia Riehle LL.M.
On 9 November 2023, Eurojust and the Nigerian judicial authorities signed a Working Arrangement, with the aim of enabling structured and closer cooperation in the fight against organised crime groups. Through the agreement, Eurojust can establish a Contact Point in Nigeria. It allows Eurojust …
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EU
Eurojust
Judicial Cooperation
New Possibilities for Information Exchange in Terrorism Cases
23 November 2023
(updated 2 years, 7 months ago)
Cornelia Riehle LL.M.
On 31 October 2023, Regulation (EU) 2023/2131 amending Eurojust Regulation (EU) 2018/1727 as regards digital information exchange in terrorism cases entered into force. Through the amended Regulation, Eurojust may now establish a modern Case Management System (CMS) to store operational information as well as a …
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EU
Eurojust
Terrorism
Eurojust Raises Awareness of Advertising-Funded Digital Piracy
23 November 2023
Cornelia Riehle LL.M.
In a new flyer, Eurojust stressed that advertising of the use of advertising to fund websites and mobile apps offering pirated content has become an insidious practice in the online piracy landscape and generates income for criminals.
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EU
Eurojust
Counterfeiting & Piracy
Eurojust Paper: The Crime of Aggression in Domestic Laws
23 November 2023
(updated 2 years, 7 months ago)
Cornelia Riehle LL.M.
In a paper by the Genocide Network, published on 19 October 2023, a comparative overview of the way in which EU Member States, Genocide Network Observer States and Ukraine have implemented the crime of aggression in their domestic laws is given.
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EU
Ukraine conflict
Eurojust
Eurojust: Updated Overview on EAW Case Law
23 November 2023
Cornelia Riehle LL.M.
In October 2023, Eurojust published an update of its overview of the case law of the Court of Justice of the European Union (CJEU) with regard to the application of Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant (EAW) and the …
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EU
Eurojust
European Arrest Warrant
New National Member for Malta
23 November 2023
(updated 2 years, 7 months ago)
Cornelia Riehle LL.M.
At the beginning of October 2023, Ms Maria Baldacchino took up her duties as National Member for Malta at Eurojust. Ms Baldacchino already gained experience working at Eurojust in her positions as Deputy National Member and Assistant to the National Member, positions that she …
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EU
Eurojust
Spotlight
ECJ Ruled on Fundamental Rights Refusal of Norwegian Surrender Warrant
21 November 2023
(updated 2 years, 10 months ago)
Thomas Wahl
In its judgment of 14 September 2023, the ECJ ruled on the extent Member State courts must take account of fundamental rights when it comes to extradition on the basis of the Agreement on the surrender procedure between the EU and Iceland/Norway. In addition, the Court had to decide as to which extent decisions taken in other EU Member States in the extradition case can be taken into account by the executing court.
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EU
European Arrest Warrant
Judicial Cooperation
ECJ: Bulgarian Penalty for Trade Mark Infringement Disproportionate
20 November 2023
(updated 2 years, 6 months ago)
Thomas Wahl
in Issue
3/2023
In its judgment of 19 October 2023 in Case C-655/21 (G. St. T.), the ECJ interpreted the principles of legal certainty and proportionality as enshrined in Art. 49(1) and (3) CFR in the context of the incrimination of trade mark infringements under Bulgarian law.
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EU
Fundamental Rights
Counterfeiting & Piracy
First-Line Border Checks outside the EU
20 November 2023
Cornelia Riehle LL.M.
In October 2023, Frontex officers carried out first-line border checks at a border outside the EU for the first time. As part of Frontex's Joint Operation Moldova, it was the first comprehensive operational activity in a non-EU country that included land and air borders and …
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EU
Frontex
ECJ Ruled on the Prohibition of Double Jeopardy in Fraudulent Pyramid Schemes
16 November 2023
Thomas Wahl
On 21 September 2023, the ECJ delivered a judgment that assessed whether facts are identical if a criminal carried out a fraudulent pyramid scheme in Spain and Portugal. The judges in Luxembourg were of the opinion that this does not seem the case under the circumstances at issue.
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EU
European Arrest Warrant
Ne bis in idem
Civil Society Organisations Warn against UK's Participation in Prüm II
15 November 2023
(updated 1 year, 4 months ago)
Thomas Wahl
in Issue
3/2023
In a statement of 31 October 2023, 15 civil rights organisations from across Europe raised concerns over the United Kingdom's participation in the EU's Prüm II scheme. Prüm II is designed to expand the types of data that can be searched and exchanged by …
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EU
Police Cooperation
ECJ Clarifies Assessment of "idem" Requirement
15 November 2023
(updated 2 years, 6 months ago)
Thomas Wahl
in Issue
3/2023
On 12 October 2023, the ECJ delivered a judgment in which it clarified the methods to asses the requirement of "same facts" under the principle ne bis in idem enshrined in Art. 54 CISA and Art. 50 CFR.
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EU
Ne bis in idem
Spotlight
ECJ: Art. 50 of the Charter Protects Volkswagen from Further Administrative Penalties in Italy
15 November 2023
(updated 1 year, 4 months ago)
Thomas Wahl
in Issue
2/2023
The Italian competition and market supervisory authority can no longer impose an administrative fine on Volkswagen (VW) for the installation of inadmissible defeat devices in their diesel vehicles after VW had received and paid a fine from the public prosecutor's office in Germany in the meantime and in the same context. This was decided by the ECJ in Case C-27/22 on 14 September 2023, following Advocate General Sanchez-Bodona's opinion of 30 March 2023.
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EU
Ne bis in idem
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