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New Representative for Denmark 
25 November 2022 (updated 3 years, 10 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
In October 2022, Mr Torben Thygesen was appointed Eurojust Representative for Denmark. Prior to joining Eurojust, Mr Thygesen served as Deputy State Prosecutor and Chief Prosecutor in different sections of the Danish prosecution service. He has a wealth of working experience in tackling serious and … Read more
EU Eurojust
EU Reactions to Russian War in Ukraine: Overview July – October 2022 
24 November 2022 (updated 3 years, 2 months ago)
Dr. Anna Pingen Dr. Anna Pingen / Thomas Wahl Thomas Wahl in Issue 3/2022
This news item continues the reporting on key EU reactions following the Russian invasion of Ukraine on 24 February 2022, as far as the impact of the invasion on the EU’s internal security policy, criminal law and the protection of the EU’s financial interests are concerned. The following overview covers the period from the end of July 2022 to the end of October 2022. Read more
EU Ukraine conflict
Spotlight New EU Rules for Online Platforms 
24 November 2022 (updated 3 years, 3 months ago)
Dr. Anna Pingen Dr. Anna Pingen / Thomas Wahl Thomas Wahl in Issue 4/2022
The European Parliament and Council adopted the legislative package regulating online platforms that operate their businesses in the EU. The package consists of the Digital Markets Act and the Digital Services Act. The two EU Regulations entered into force in November 2022, however they will gradually start to apply in 2023 and 2024. Big digital companies must apply the stipulated obligations earlier. Read more
EU Legislation
Europol Signs Working Arrangement with Qatar 
23 November 2022
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 5 October 2022, Europol and the Ministry of Interior of the State of Qatar signed a Working Arrangement to prevent and combat serious crime and terrorism. Under the arrangement, parties can exchange information under a secure system as well as specialist knowledge, general situation … Read more
EU Europol
Commission Work Programme for 2023 
23 November 2022
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 18 October 2022, the European Commission published its Work Programme for the year 2023. Several new initiatives and ideas were presented in the area of justice and home affairs. Read more
EU Area of Freedom, Security and Justice Commission
Appointment of New Administrative Director at Eurojust 
23 November 2022
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
At the beginning of October 2022, Evert van Walsum was appointed new Administrative Director of Eurojust. He will succeed the current Administrative Director Nikolaos Panagiotopoulos, who has held the position since 2017. Mr Walsum's term of office will start in early 2023 and run … Read more
EU Eurojust
Hit Against Investment Fraud 
23 November 2022
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
A coordinated action undertaken in November 2022 revealed a case of large-scale investment fraud using cryptocurrencies, with the estimated number of victims in the hundreds of thousands. Using dozens of call centres in numerous countries and hundreds of online platforms, members of the organised crime … Read more
EU Europol Eurojust Cybercrime
AG: EAW Can be Refused if Proceedings Revoking Suspension Were Conducted in absentia 
21 November 2022
Thomas Wahl Thomas Wahl
According to AG Ćapeta, a European Arrest Warrant can be refused if the person concerned was absent in the proceedings revoking the suspension of the prison sentence or in the proceedings finding guilt and determining the sentence for the second offence that triggered the revocation. However, this is under the condition that no exceptional case as defined in Art. 4a(1)(a)-(d) applies in the case at issue. Read more
EU European Arrest Warrant
Spotlight EncroChat Turns into a Case for the CJEU 
18 November 2022 (updated 3 years, 5 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2022
The Regional Court of Berlin referred several questions to the CJEU on the activities of law enforcement authorities in conjunction with the cracking of the EncroChat communications service. They relate to the interpretation of the EIO Directive. The Berlin court believes that the collection of data in the EncroChat operation was unlawful and that the data cannot be used as evidence in German criminal proceedings against persons who used EncroChat for criminal activities. Read more
EU Organised Crime European Investigation Order Law Enforcement Cooperation
Spotlight CJEU: EU’s Double Jeopardy Ban also Applies to Non-EU Citizens and Blocks Extradition to Third Countries 
17 November 2022
Thomas Wahl Thomas Wahl
On 28 October 2022, the CJEU held that a Serbian (a third country national) cannot be extradited from Germany to the United States if he had already been convicted for the same acts as those in the extradition request in another EU country (here: Slovenia). Art. 54 CISA also applies to non-EU citizens and must be taken into consideration even though a bilateral extradition treaty had limited the principle ne bis in idem to judgments handed down in the requested State only. Read more
EU Ne bis in idem
AG: Reservation in Relation to Application of ne bis in idem Principle Incompatible with Art. 50 CFR 
17 November 2022 (updated 3 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2022
According to an opinion of 20 October 2022 by AG Szpunar, declarations made on the basis of Art. 55(1) CISA, which permit Member States to make exceptions from the ban of double jeopardy in Art. 54 CISA, no longer apply. They are not provided for by law and, moreover, Art. 55(1) CISA does not respect the essence of the principle ne bis in idem. The declarations should be put to rest. Read more
EU Ne bis in idem
AG: Data Retention for the Prosecution of Copyright Offences Permitted 
17 November 2022 (updated 2 years, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2022
In a case concerning French legislation on the access of retained data for the purposes of combating copyright infringements on the internet, AG Szpunar took the view that access to civil identity data linked to IP addresses is compatible with EU law if such data are the only means to identify a suspect. Read more
EU Data Protection
Spotlight CJEU: French Legislation on Data Retention for the Purpose of Combating Market Abuse Offences Unlawful 
16 November 2022
Thomas Wahl Thomas Wahl
On 20 September 2022, the CJEU decided that French legislation providing for the general and indiscriminate retention of traffic data for the purpose of combating market abuse offences is incompatible with EU law. In addition, a national court cannot restrict the temporal effects of a declaration that national legislation providing for such retention is invalid. Read more
EU Data Protection
ECA Gives its Opinion on Recast of Financial Regulation 
15 November 2022
Thomas Wahl Thomas Wahl
In its Opinion 6/2022, the ECA welcomes several proposals made by the Commission to recast the EU's Financial Regulation. However, the auditors also raise critical points, such as the fact that the proposal does not tackle the insufficient reporting on the Commission's debt management. Read more
EU Protection of Financial Interests
Spotlight CJEU: German Rules on Data Retention Not in Line with EU Law 
15 November 2022 (updated 2 years, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2022
On 20 September 2022, the CJEU (Grand Chamber) ruled that the German legislation on data retention is incompatible with EU law. The judges in Luxembourg reiterated that EU law precludes national legislative measures which provide, on a preventive basis, for the purposes of combating serious crime and preventing serious threats to public security, for the general and indiscriminate retention of traffic and location data. Read more
EU Data Protection
Justice and Home Affairs Council Meeting in October 2022 
14 November 2022
Thomas Wahl Thomas Wahl
On 13-14 October 2022, the Justice and Home Affairs Council met in Luxembourg. The war in Ukraine was again in the focus. Topics included the judicial responses and the fight against impunity in Ukraine, the situation of Ukrainian refugees in the EU and the implications of the war on internal security. In addition, the ministers discussed several other justice and home affairs topics. Read more
EU Council