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2021 Report on Application of the Charter of Fundamental Rights in the EU
29 January 2022
Dr. Anna Pingen
On 10 December 2021, the European Commission released its 2021 report on application of the Charter of Fundamental Rights in the EU. A special focus was on the challenges of protecting fundamental rights in the digital age. The 2021 report follows last year’s strategy to …
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EU
Fundamental Rights
ECA Report on Regularity of Spending in EU Cohesion Policy
29 January 2022
Dr. Anna Pingen
On 23 November 2021, the European Court of Auditors (ECA) published a report on the European Commission’s estimate of error in EU cohesion policy. The ECA pointed out that the related error rates, as disclosed by the Commission, are likely to underestimate the real level …
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EU
Protection of Financial Interests
Civil Society Organisations Call for Prioritisation of Fundamental Rights in AIA
29 January 2022
Dr. Anna Pingen
On 30 November 2021, 115 civil society organisations published a collective statement calling for EU institutions to prioritise fundamental rights in the Artificial Intelligence Act (AIA). The statement outlines recommendations to guide the European Parliament and Council of the European Union in amending the European …
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EU
Artificial Intelligence (AI)
Legislation
Proposal for JIT Collaboration Platform
29 January 2022
(updated 4 years, 3 months ago)
Dr. Anna Pingen
in Issue
4/2021
On 1 December 2021, the European Commission adopted a new initiative establishing a collaboration platform to support the functioning of Joint Investigation Teams (JITs). The Commission noted that JITs, which are set up by two or more States for specific criminal investigations with a cross-border …
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EU
Legislation
Eurojust
Proposal to Improve Digital Information Exchange in Terrorism Cases
29 January 2022
(updated 4 years, 3 months ago)
Dr. Anna Pingen
in Issue
4/2021
On 1 December 2021, the European Commission launched a new initiative to digitalise EU justice systems and to improve digital information exchange in terrorism cases. The main goal of this proposal is to render the exchange of information between the competent national authorities, Eurojust, and …
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EU
Legislation
Eurojust
Terrorism
Proposals to Modernise EU Cross-Border Judicial Cooperation via Digitalisation
29 January 2022
Dr. Anna Pingen
On 1 December 2021, the Commission adopted two proposals to improve the digitalisation of cross-border judicial cooperation:Proposal for a Regulation laying down rules on digital communication in judicial cooperation procedures in civil, commercial and criminal matters;Proposal for a Directive aligning the existing rules …
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EU
Legislation
CJEU: Bulgaria (Currently) Precluded from Issuing EIOs Due to Lack of Legal Remedies
25 January 2022
(updated 2 years, 10 months ago)
Thomas Wahl
in Issue
4/2021
According to the CJEU, the current situation in Bulgaria, which does not provide for legal remedies against investigative measures and the issuance of a European Investigation Order (EIO) infringes the fundamental rights of the Charter and means that Bulgaria cannot issue EIOs as long as this situation is not remedied.
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EU
European Investigation Order
Procedural Safeguards
New EP President Elected
21 January 2022
Cornelia Riehle LL.M.
On 18 January 2022, Ms Roberta Metsola was elected new President of the European Parliament, having served as its Vice-President since November 2020. Of the three candidates, Ms Metsola received an absolute majority of 458 votes out of 690 cast in the remote secret vote. …
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EU
European Parliament
Europol: 2021 Highlights
20 January 2022
Cornelia Riehle LL.M.
At the end of 2021, Europol published a review highlighting its most important operations in 2021. A detailed analysis of the threat of serious and organised crime facing the EU was provided in Europol’s Serious and Organised Crime Threat Assessment 2021 (→ news of …
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EU
Europol
Working Arrangement with Republic of Korea Signed
20 January 2022
Cornelia Riehle LL.M.
To strengthen their cooperation against serious crime, Europol and the Republic of Korea signed a Working Arrangement on 22 December 2021. It introduces a secure system for the exchange of information between the parties. Furthermore, the arrangement foresees that the parties can exchange specialist knowledge, …
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EU
Europol
Programme of New Trio Council Presidencies
20 January 2022
(updated 4 years, 2 months ago)
Cornelia Riehle LL.M.
in Issue
4/2021
31 December 2021 marked the end of a cycle of trio presidencies. The cycle had started with the German Presidency on 1 July 2020 (→news of 31 August 2020), continued with the Portuguese Presidency on 1 January 2021 (→news of 1 April 2021), …
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EU
Council
Programme of the French Council Presidency
20 January 2022
(updated 4 years, 3 months ago)
Cornelia Riehle LL.M.
in Issue
4/2021
On 1 January 2022, France took over the Presidency of the Council of the European Union for six months. This also the first Presidency in the new cycle of trio presidencies composed of France, the Czech Republic, and Sweden (→separate news item).Under the title …
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EU
Council
AG: Unlawful Appointment of Polish Judges Does Not Justify Non-Execution of EAWs per se
20 January 2022
(updated 4 years, 5 months ago)
Thomas Wahl
in Issue
4/2021
According to an opinion by AG Rantos, national courts cannot refuse executing EAWs only because the appointment of Polish judges was unlawful. Courts must strictly follow the line established by the CJEU in LM. However, the recent judgment by the Polish Constitutional Tribunal that questioned the primacy of Union law may cast doubts on Poland's compatibility with essential fundamental rights and may justify refusals.
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EU
Fundamental Rights
European Arrest Warrant
Procedural Safeguards
Organisations Tell E-Evidence Stories and Urge to Uphold High Level of Fundamental Rights Safeguards
19 January 2022
Thomas Wahl
Civil society organisations published a compendium of scenarios that showcase situations in which the planned e-evidence Regulation would lead to serious fundamental rights harms.
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EU
Fundamental Rights
e-Evidence
Law Enforcement Cooperation
CJEU: Amnesty Does Not Preclude Issuance of EAW
19 January 2022
Thomas Wahl
On 16 December 2021, the CJEU ruled that a European arrest warrant (EAW) may be issued even if the underlying criminal proceedings have been resumed after an amnesty. The case refers to criminal proceedings before a Slovak criminal court which reexamines criminal offences committed by Slovakian security officers in the 1990es.
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EU
European Arrest Warrant
Ne bis in idem
Spotlight
AG: German, Irish and French Data Retention Rules Incompatible with EU Law
19 January 2022
(updated 4 years, 2 months ago)
Thomas Wahl
in Issue
4/2021
On 19 November 2021, Advocate General (AG) Campos Sánchez-Bordona published his opinion on pending cases before the CJEU that concern the question of whether national data retention regimes are compatible with EU law. The cases concern legislation in Germany, Ireland and France. According to the AG, the answers can already be inferred from the CJEU's recent case law. General and indiscriminate regimes for combating crimes cannot be justified.
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EU
Data Protection
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