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Commission Adopted Adequacy Decision for South Korea 
22 December 2021
Thomas Wahl Thomas Wahl
As of 17 December 2021, data can be transmitted from the EU to South Korea without any further safeguard being necessary. The European Commission adopted the adequacy decision for personal data transfers between teh EU and the Republic of Korea - as required by the EU's General Data Protection Regulation. Read more
EU Data Protection
CJEU Rules on Mechanisms to Remedy Errors in the Indictment 
22 December 2021
Thomas Wahl Thomas Wahl
On 21 October 2021, the CJEU ruled on the compatibility of the Bulgarian Criminal Procedure Code with Directive 2012/13 on the accused person’s right to information (Case C-282/20). Read more
EU Procedural Safeguards
Commission Assessed Added Value of Directive on Combating Terrorism 
22 December 2021
Thomas Wahl Thomas Wahl
On 18 November 2021, the European Commission published a report that assessed the added value of Directive 2017/541 on combating terrorism. The Directive is the main criminal law instrument at the EU level to combat terrorism. Read more
EU Terrorism
EP: Revision of Financial Regulation Needed 
21 December 2021
Thomas Wahl Thomas Wahl
In a resolution of 24 November 2021, the European Parliament calls for a revision of the EU’s 2018 Financial Regulation applicable to the general budget of the Union. Following the entry into force of the multiannual financial framework (MFF) 2021-2027 and against the background of … Read more
EU Protection of Financial Interests
EP Resolution: Digitalisation of the European Reporting, Monitoring and Audit 
21 December 2021
Thomas Wahl Thomas Wahl
On 23 November 2021, the European Parliament (EP) adopted a resolution on the digitalisation of the European reporting, monitoring and audit. The resolution aims at enhancing transparency on the final beneficiaries of EU funds and establishing a harmonised, interoperable tool to protect the Union budget against fraud and irregularities. Read more
EU Protection of Financial Interests
EP Sues Commission for Non-Application of the Conditionality Regulation 
20 December 2021 (updated 4 years, 5 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2021
On 29 October 2021, the European Parliament (EP) submitted the action against the European Commission for failure to apply the Regulation on the conditionality mechanism to the CJEU. The action is registered as Case C-657/21. Read more
EU Rule of Law Protection of Financial Interests
Spotlight AG: Regulation on Conditionality Mechanism Is Legally Sound and Compatible with EU Treaties 
20 December 2021
Thomas Wahl Thomas Wahl
The Advoate General recommend the CJEU to dismiss the actions brought by Hungary and Poland against the EU's conditionality mechanism to protect the Union budget from rule-of-law breaches. The AG sees no violation regarding the chosen legal basis, the circumvention of the Article 7 procedure and the principle of legal certainty. Read more
EU Rule of Law Protection of Financial Interests
CJEU Rules on Guarantees in OLAF’s External Investigations (Case Vialto) 
20 December 2021
Thomas Wahl Thomas Wahl
On 28 October 2021, the CJEU ruled in an appeal judgment (Case C-650/19 P) on the right to be heard in administrative proceedings involving several authorities. The case also raised questions in relation to the way in which OLAF carries out external investigations and, more specifically, the limits of digital forensic operations, as well as the scope of the principle of legitimate expectations. Read more
EU OLAF Protection of Financial Interests Procedural Safeguards
Spotlight Commission Proposes EU Police Cooperation Code 
15 December 2021
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 4/2021
On 8 December 2021, the European Commission published three legislative proposals introducing a “EU Police Cooperation Code.” The initiative is designed to enhance law enforcement cooperation across Member States and to give EU police officers more modern tools for information exchange. Read more
EU Police Cooperation
ECtHR: New Website for Applicants 
17 November 2021
Dr. András Csúri Dr. András Csúri
The European Court of Human Rights (ECtHR) has launched a new website for applicants. It is available in all official languages of the CoE Member States. The site clearly explains the formalities of the application process, the admissibility requirements, and the procedure before the … Read more
EU Human Rights Issues
EU Activated Next Generation Project 
11 November 2021 (updated 4 years, 5 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2021
Between August and September 2021, Union institutions made the Next Generation EU (NGEU) operational. The NGEU is the EU’s economic recovery instrument in order to overcome the adverse impacts of the COVID-19 pandemic. The NGEU fund will operate from 2021-2023 and tied with the EU’s … Read more
EU Fundamental Rights Protection of Financial Interests
Hungary: Rule-of-Law Developments July – Mid-October 2021 
11 November 2021 (updated 4 years, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2021
This news item continues updates in previous eucrim issues on rule-of-law developments in Hungary (as far as they relate to European law). For the last overview → eucrim 2/2021, 72-73 with further references to previous reports. Read more
EU Fundamental Rights Rule of Law
Poland: Rule-of-Law Issues July – Mid-October 2021 
11 November 2021 (updated 4 years, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2021
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 issue 2/2021, 71-72. Read more
EU Fundamental Rights Rule of Law
Spotlight 32nd Annual PIF Report 
2 November 2021 (updated 4 years, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2021
On 20 September 2021, the European Commission released the 32nd annual report on the protection of the EU’s financial interests. It gives an overview of the main developments in 2020 as regards the legislative, practical, and cooperation framework of the EU to fight fraud affecting the EU budget. The report also addresses the irregularities and fraud reported in 2020 and their related risks. Read more
EU Protection of Financial Interests
CJEU: Union Law Does Not Preclude Criminalisation of Self-Laundering 
26 October 2021
Thomas Wahl Thomas Wahl
On 2 September 2021, the CJEU decided that EU law (i.e. Directive 2005/60/EC) does not preclude national legislation that provides that the offence of money laundering can also be committed by the perpetrator of the predicate offence, i.e. the criminal activity from which the money concerned was derived. As a result, the CJEU follows the opinion of AG Hogan in this case. Read more
EU Money Laundering
CJEU Clarifies Duty to Refer for National Last Instance Courts 
26 October 2021
Thomas Wahl Thomas Wahl
On 6 October 2021, the CJEU handed down a judgment, in which it clarifies its case law in Cilifit under which conditions national last instance courts may refrain from making a reference for a preliminary ruling. The Grand Chamber judgment reasserts the three situations in which national courts or tribunals of last instance are not subject to the obligation to make a reference for a preliminary ruling – an obligation laid down in Art. 267 TFEU. Read more
EU Court of Justice of the European Union (CJEU)