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CJEU Rules on Compatibility of Romanian Constitutional Court Decisions with Effective Prosecution PIF Crimes 
19 January 2022
Thomas Wahl Thomas Wahl
On 21 December 2021, the CJEU (Grand Chamber) delivered its judgment on several issues of the Romanian justice reform in the area of corruption. The referring Romanian courts mainly questioned whether several decisions of the Romanian Constitutional Court are compatible with Union law. The CJEU clarified the obligations incumbent under Art. 325 TFEU and the importance of judicial independent with regard to consequences if case law of Constitutional Courts is disapplied by lower courts. Read more
EU Fundamental Rights Protection of Financial Interests
CCBE Concerned over Defence Rights in EPPO Proceedings 
19 January 2022
Thomas Wahl Thomas Wahl
In a statement published on 10 December 2021, the Council of Bars and Law Societies of Europe (CCBE) voiced concerns over the position of the defence and procedural rights during EPPO proceedings. The CCBE identified four issues of major concern, including the lack of specific provisions on defence rights and the risks of forum shopping. Read more
EU European Public Prosecutor's Office (EPPO) Procedural Safeguards
DAV Position Paper on Commission’s Artificial Intelligence Act Proposal 
18 January 2022
Dr. Anna Pingen Dr. Anna Pingen
On 25 November 2021, the German Bar Association (Deutscher Anwaltverein - DAV) published a position paper on the Proposal of the European Commission for a Regulation of the European Parliament and of the Council Laying Down Harmonised Rules on Artificial Intelligence (Artificial Intelligence Act) and … Read more
EU
CJEU: National Legislation Must Allow Third Parties to Appear as a Party in Confiscation Proceedings 
18 January 2022
Thomas Wahl Thomas Wahl
In its judgement of 21 October 2021 (Joined Cases C‑845/19 and C‑863/19 - Criminal proceedings against DR and TS), the CJEU clarified specific provisions of Directive 2014/42/EU on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union. The CJEU … Read more
EU Freezing of Assets / Confiscation
EP Increases Efforts to Counteract Strategic Lawsuits Against Public Participation (SLAPPs) 
18 January 2022 (updated 4 years, 6 months ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 4/2021
On 11 November 2021, the European Parliament adopted a resolution on strengthening democracy and media freedom and pluralism in the EU. This follows after several initiatives had called for a regulation of Strategic Lawsuits Against Public Participation (SLAPPs):- The study commissioned by the … Read more
EU Rule of Law Victim Protection
Pandora Papers: Parliament Calling for Investigations and Improvement of EU Blacklist of Tax Havens 
18 January 2022
Dr. Anna Pingen Dr. Anna Pingen
On 21 October 2021, the European Parliament adopted a resolution calling for thorough investigations to be launched into any wrongdoing that took place in EU jurisdictions as revealed by the Pandora Papers. After the Pandora Papers had exposed tax avoidance on an unprecedented scale, MEPs … Read more
EU Tax Evasion
Commission Initiative to Achieve the European Green Deal 
18 January 2022
Dr. Anna Pingen Dr. Anna Pingen
On 17 November 2021, the Commission adopted three new initiatives in order to achieve the European Green Deal. With these initiatives, the Commission aims to curb EU-driven deforestation, facilitate intra-EU waste shipments, promote a circular economy, and tackle the export of illegal waste and … Read more
EU Legislation Environmental Crime
ECA Special Report on Performance-Based Financing in Cohesion Policy 
18 January 2022
Dr. Anna Pingen Dr. Anna Pingen
On 21 October 2021, the European Court of Auditors (ECA) published its Special Report 24/2021: Performance-based financing in Cohesion policy. The 2014-2020 common provisions regulation introduced three instruments giving Member States financial incentives to strive for results and optimise their use of funding: The … Read more
EU Protection of Financial Interests
ECA Report on Results of EU Spending Programmes 
18 January 2022
Dr. Anna Pingen Dr. Anna Pingen
On 15 October 2021, the European Court of Auditors (ECA) published its Report on the performance of the EU budget – Status at the end of 2020. In the report, the ECA examined the results achieved by EU spending programmes financed by the EU budget, … Read more
EU Protection of Financial Interests
New Tripartite Agreement Allowing the ECA to have More Access to EIB Data 
18 January 2022
Dr. Anna Pingen Dr. Anna Pingen
On 11 November 2021, the European Court of Auditors (ECA), the European Investment Bank (EIB), and the European Commission signed a new tripartite agreement. It replaces an agreement from 2016 that was concluded between these three institutions. The revised tripartite agreement allows the ECA … Read more
EU Commission Protection of Financial Interests
European Council’s Conclusion on Digitalisation 
18 January 2022
Dr. Anna Pingen Dr. Anna Pingen
At the summit on 22 October 2021, EU leaders discussed the EU’s digital transition and adopted conclusions on the EU’s digital policy in the forthcoming years. The European Council called for a swift examination of the Commission’s proposal for the policy programme “Path … Read more
EU Legislation
CJEU: Surrender Provisions in TCA also Binding on Ireland 
18 January 2022
Thomas Wahl Thomas Wahl
According to the CJEU, the provisions in the Withdrawal Agreement concerning the European arrest warrant regime with respect to the United Kingdom and the provision in the Trade and Cooperation Agreement between the EU and the United Kingdom concerning the new surrender mechanism are binding on Ireland. The country cannot play its opt-in card. Read more
EU Area of Freedom, Security and Justice European Arrest Warrant Judicial Cooperation
New Draft Law: Parliament Aims at Strengthening EU-Wide Requirements for Cybersecurity Attacks 
18 January 2022
Dr. Anna Pingen Dr. Anna Pingen
On 22 November 2021, the European Parliament (EP) backed a draft law that would set tighter cybersecurity obligations in terms of risk management, reporting obligations, and information sharing for businesses, administrations, and states. The EP sees a need for this law because of the increase … Read more
EU Legislation Cybercrime
OSCE Makes Recommendations on Use of New Technologies for Border Management 
18 January 2022
Dr. Anna Pingen Dr. Anna Pingen
On 5 October 2021, the Organization for Security and Co-operation in Europe (OSCE) released a new policy brief on Border Management and Human Rights. The policy brief aims at providing an overview of the what the implications of collecting and sharing information in the … Read more
EU Schengen Data Protection
CJEU: Exclusion of Blind Juror from Participating in Criminal Proceedings not Justified 
18 January 2022
Dr. Anna Pingen Dr. Anna Pingen
On 21 October 2021, the CJEU ruled that a blind person cannot be deprived of his/her possibility to perform the duties of a juror in criminal proceedings. The case at issue (C-824/19) plays in Bulgaria, where a woman, VA, who has a permanently reduced … Read more
EU Fundamental Rights Court of Justice of the European Union (CJEU)
CJEU Clarifies Right to be Heard in EAW Cases 
18 January 2022
Thomas Wahl Thomas Wahl
The CJEU ruled on the question at which place and according to which procedures a person can exercise his/her right to be heard if the issuing authority had issued a request for additional prosecution for offences committed prior to the surrender (exception of the specialty rule). Read more
EU European Arrest Warrant