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Negotiations on E-Evidence Legislation: State of Play 
26 October 2021 (updated 4 years, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2021
This news items summarises the current state of play of negotiations on the planned e-evidence Regulation. Despite the very opposing starting points of the co-legislators, a compromise text could be reached on several issues. Read more
EU Law Enforcement Cooperation
CJEU: Hungarian Court Must Enforce Austrian Fine for Refusal to Name Driver 
26 October 2021
Thomas Wahl Thomas Wahl
In a judgment of 6 October 2021, the CJEU ruled on the question of the extent to which an executing authority may challenge the legal classification of an offence by the issuing authority in a category where double criminality is no longer to be examined. Read more
EU Financial Penalties Judicial Cooperation
Spotlight CJEU: Lack of Translation Can Be Refusal Ground to Execute Financial Penalty 
26 October 2021 (updated 11 months, 3 weeks ago)
Thomas Wahl Thomas Wahl in Issue 3/2021
On 6 October 2021, the CJEU delivered an important judgment on the implications of fundamental rights in the mutual recognition scheme. The case concerned the question of whether an executing authority may refuse the recognition of a financial penalty (on the basis of Framework Decision 2005/214/JI) if the issuing authority did not notify the decision to the person concerned in a language he/she understands. Read more
EU Fundamental Rights Financial Penalties Judicial Cooperation Procedural Safeguards
Commission and Council Discuss Way Forward on Pre-Trial Detention and Detention Conditions 
22 October 2021 (updated 3 years, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2021
On 7 October 2021, the Justice Ministers of the EU Member States discussed the need for action on pre-trial detention and detention conditions in the EU. The discussion was based on a non-paper by the European Commission of 24 September 2021. Read more
EU European Arrest Warrant Procedural Safeguards
CJEU: Public Prosecutor Executing EIO Cannot Request Preliminary Ruling 
21 October 2021 (updated 3 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2021
On 2 September 2021, the CJEU declared the request for a preliminary ruling by the Public Prosecutor’s Office of Trento, Italy inadmissible. The question of whether a German tax authority can issue EIOs without validation remains unanswered. Read more
EU European Investigation Order
Slovenian Presidency: State of Play of Legislative JHA Items 
21 October 2021
Thomas Wahl Thomas Wahl
At the meeting of the Justice and Home Affairs Ministers of the EU Member States on 7 October 2021, the Slovenian Council Presidency presented an overview of the state of play of current legislative dossiers in the fields of security and criminal/civil justice. Read more
EU Area of Freedom, Security and Justice Council
EP Suggests New Framework on Harmful Tax Practices 
21 October 2021
Thomas Wahl Thomas Wahl
On 7 October 2021, the European Parliament adopted a resolution that calls for a reform of the EU policy on harmful tax practices. The resolution makes several recommendations for the future EU work on harmful tax practices. The EP makes a concrete proposal for for a “Framework on Aggressive Tax Arrangements and Low Rates”, which would replace a current soft law instrument on business taxation. Read more
EU Tax Evasion
EPPO: Successful German-Austrian Operation against Controversial Mask Deal 
20 October 2021
Thomas Wahl Thomas Wahl
EPPO investigations into COVID-19-related frauds become increasingly important. On 29/30 September 2021, the EPPO conducted searches in Austria as part of a cross-border investigations into customs fraud in relation to the import of FFP2 masks from China to the EU. The investigations are led by … Read more
EU European Public Prosecutor's Office (EPPO)
EU Chief Prosecutor: EPPO Is Understaffed 
19 October 2021
Thomas Wahl Thomas Wahl
In a discussion with MEPs of the Budgetary Control Committee on 1 October 2021, European Chief Prosecutor Laura Kövesi stressed the staff shortages, which prevent the EPPO from effectively fulfilling its duties. Kövesi reported on the first results of EPPO’s activities since its operational … Read more
EU European Public Prosecutor's Office (EPPO)
General Court Defines Conditions for Public Access to OLAF Final Report 
12 October 2021
Thomas Wahl Thomas Wahl
On 1 September 2021, the General Court annulled the decision of the European Anti-Fraud Office (OLAF) not to grant (partial) access to its final investigation report. Read more
EU OLAF
Implementation Report on PIF Directive 
28 September 2021
Thomas Wahl Thomas Wahl
On 6 September 2021, the European Commission published a report that assesses deficits as regards the Member States’ legislation implementing Directive 2017/1371 on the fight against fraud to the Union’s financial interests by means of criminal law (the “PIF Directive”). In general, the Commission concluded that all Member States have transposed the PIF Directive’s main provisions. However, there are outstanding conformity issues. Read more
EU Protection of Financial Interests
EPPO Successfully Cooperates with Guardia di Finanza 
21 September 2021
Thomas Wahl Thomas Wahl
On 8 and 17 September 2021, the EPPO reported on two cases in which the Office successfully cooperated with the Guardia di Finanza in Italy. Read more
EU European Public Prosecutor's Office (EPPO) Protection of Financial Interests
EPPO and ECA Sign Working Arrangement 
21 September 2021
Thomas Wahl Thomas Wahl
On 3 September 2021, the EPPO and the European Court of Auditors (ECA) signed a working arrangement. Both bodies emphasise their common interest in the effective fight against fraud, corruption and any other criminal offence or illegal activity adversely affecting the EU’s financial … Read more
EU European Public Prosecutor's Office (EPPO)
Commission Recommends Measures to Improve Journalists’ Safety 
21 September 2021 (updated 4 years, 11 months ago)
Thomas Wahl Thomas Wahl
On 16 September 2021, the Commission presented a recommendation that sets out guidance for Member States to take effective, appropriate and proportionate measures to ensure the protection, safety and empowerment of journalists. Read more
EU Fundamental Rights Victim Protection
Handbook on Firearms 
20 September 2021
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
At the beginning of July 2021, Frontex published a Handbook on Firearms for Border Guards and Customs Officers, providing the latest information onTypes of weapons;Modalities of firearm trafficking;Tactics and equipment to be used during border checks.The Handbook aims to assist … Read more
EU Frontex
Rapid Border Intervention Launched 
20 September 2021
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
Following an official request by the Lithuanian authorities asking for assistance with growing migration pressure at the country’s border with Belarus, Frontex launched a rapid border intervention to assist the EU Member State by supplying officers and equipment. In the first week of July 2021, … Read more
EU Frontex