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ECA: Commission Should Dig Deeper to Fight Fraud in Agricultural Spending 
2 August 2022
Thomas Wahl Thomas Wahl
In its Special Report 14/2022 (published on 4 July 2022), the European Court of Auditors (ECA) examined different patterns of fraud in the Common Agricultural Policy (CAP) and the appropriateness of the Commission’s responses to the fraud risks in agricultural spending. CAP is the largest … Read more
EU Protection of Financial Interests
ECA: Internal Border Control during Pandemic Largely Unjustified 
2 August 2022
Thomas Wahl Thomas Wahl
An ECA report concluded that the limitations of the legal framework hampered the Commission’s supervision of free movement restrictions imposed by the Member States during the COVID-19 pandemic in 2020/2021. Furthermore, the Commission did not exercise proper scrutiny to ensure that internal border controls complied with the Schengen legislation. Read more
EU Fundamental Rights Schengen
Spotlight EP’s Statement on Annual PIF Report 2020 
2 August 2022
Thomas Wahl Thomas Wahl
In a resolution of 7 July 2022, the European Parliament (EP) assessed the findings of the annual report 2020 on the protection of the EU’s financial interests. MEPs stressed the need for strong controls over the EU spending under the MFF and the RRF and made several calls on the European institutions and bodies and the Member States to do more to protect the EU's taxpayers money. Read more
EU Protection of Financial Interests
AG: EAWs Cannot Be Refused if there Are no Systemic & Generalised Deficiencies of Fair Trial Protection 
1 August 2022 (updated 3 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2022
In his opinion of 14 July 2022, AG Richard de la Tour took the view that a judicial authority cannot refuse to execute a European Arrest Warrant on the basis of the risk of violation of the right to a fair trial of the person sought if the existence of systemic or generalised deficiencies affecting the judicial system of the issuing Member State has not been demonstrated. Read more
EU Fundamental Rights European Arrest Warrant
Hungary: Rule-of-Law Developments April-July 2022 
1 August 2022 (updated 3 years, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
This news item continues the overview in previous eucrim issues of the recent rule-of-law developments in Hungary as far as they relate to European law. Read more
EU Rule of Law
Poland: Rule-of-Law Developments April-July 2022 
1 August 2022 (updated 3 years, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
This news item continues the overview of recent rule-of-law developments in Poland (as far as they relate to European law) since the last update in eucrim 1-2022, 5-7. Read more
EU Rule of Law
MEPs Blame Hungary for Blocking Historic Tax Deal 
1 August 2022
Thomas Wahl Thomas Wahl
In a resolution of 6 July 2022, the European Parliament expressed its dissatisfaction with the blocking of EU rules on global minimum effective corporate taxation for large group companies. A planned Council Directive on “ensuring a global minimum level of taxation for multinational groups … Read more
EU Tax Evasion
Reverse Charge Mechanism Can Be Applied until 2027 
1 August 2022
Thomas Wahl Thomas Wahl
The Council extended the application period of the optional VAT reverse charge mechanism until 31 December 2026. The respective Directive (EU) 2022/890 amending Directive 2006/112/EC entered into force on 11 June 2022. The extension became necessary since the Council has not been able to agree … Read more
EU Tax Evasion
AG Opinion on SIS II Alerts for No Longer Relevant Objects 
1 August 2022
Dr. Anna Pingen Dr. Anna Pingen
In his opinion delivered on 7 July 2022, Advocate General (AG) Emiliou clarified the obligations placed upon the competent authorities of the Member States in circumstances where an alert has been entered in the second generation Schengen Information System (SIS II) for the seizure of an object or its use as evidence in criminal proceedings, when that alert is no longer considered relevant. Read more
EU Schengen Court of Justice of the European Union (CJEU)
ECA: Blacklisting to Protect EU Funds Ineffective 
1 August 2022 (updated 3 years, 9 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
“Blacklisting” is not being used effectively to protect EU money from being paid out to untrustworthy individuals or entities, a report by the European Court of Auditors (ECA) says. In particular, there is no coherent set of obligations for the different payment modes. Read more
EU Protection of Financial Interests
CJEU Gives Guidance on Double Criminality Test 
31 July 2022 (updated 3 years, 10 months ago)
Thomas Wahl Thomas Wahl
In a case that involves convictions in the context of the riots at the G8 summit in Genoa (Italy), the CJEU had occasion to determine the scope of the condition of double criminality in European arrest warrant cases. According to the judges in Luxembourg the executing authority does not need to assess the accordance of the legal interests protected by the criminal laws of the issuing and executing State. Read more
EU European Arrest Warrant Judicial Cooperation
International Handbook to Combat Fire-Arms Smuggling by Frontex 
28 July 2022 (updated 4 years, 1 month ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
At the beginning of July 2022, Frontex published an international version of its Handbook on Firearms for Border Guards and Customs Officers. The handbook contains the latest information on firearms, their parts and ammunition, associated documentation, and the phenomenon of firearm trafficking itself. It also … Read more
EU Frontex
Frontex Fundamental Rights Officer: Annual Report for 2021 
28 July 2022
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
At the end of June 2022, Frontex's Fundamental Rights Officer released the Annual Report for the year 2021. The report provides an overview of the activities carried out by the Fundamental Rights Office in the last year; it also includes the Fundamental Rights Monitors. Read more
EU Frontex
Frontex Signed Working Arrangement with EUCAP Sahel Niger 
28 July 2022
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 17 July 2022, Frontex and the European Union Capacity Building Mission in Niger (EUCAP Sahel Niger) signed a Working Arrangement to increase their cooperation regarding migration and broader security, including the fight against criminal networks. It will also promote integrated border management standards and improve awareness and risk analysis. Read more
EU Frontex
Report on Combatting Impunity for Core International Crimes 
28 July 2022
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 23 May 2022 (the EU Day against Impunity), the Genocide Network Secretariat published a report on the main developments in the fight against impunity for core international crimes in the EU over the past 20 years. A factsheet that outlines the key factors for successful investigations and prosecutions of core international crimes has also been published. Read more
EU Eurojust
State of Schengen Report 2022 
28 July 2022 (updated 2 years, 10 months ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 2/2022
On 24 May 2022, the Commission published the first State of Schengen Report. This report is part of the Commission's initiative to reinforce the Schengen governance through a yearly reporting exercise presenting the state of Schengen, identifying priorities for the year ahead and monitoring progress made at the end of a given year. In parallel, the Commission published two documents on external border management. Read more
EU Schengen