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Spotlight ECJ: EIO Can Be Issued Instead of EAW 
19 February 2026
Thomas Wahl Thomas Wahl in Issue 4/2025
In its judgment of 18 December 2025 in Case C-325/24 (Bissilli), the ECJ ruled that a European Investigation Order (EIO) can be issued for the temporary transfer or for a videoconference hearing of an accused person held in custody abroad, if the EIO has an evidential objective and is necessary for the purpose of gathering evidence. The judges in Luxembourg also clarified the relationship between the various refusal grounds set out in Directive 2014/41. Read more
EU European Arrest Warrant European Investigation Order Judicial Cooperation
AG Opinion: Refusal of EAW in Case of Disproportionate Sentence 
18 February 2026
Thomas Wahl Thomas Wahl in Issue 4/2025
In his Opinion in Case C-583/24 (Tagu) released on 22 January 2026, Advocate General (AG) Richard de la Tour addressed the question of whether the threat of enforcement of a manifestly disproportionate custodial sentence can prevent surrender on the basis of a European arrest warrant (EAW). Read more
EU Fundamental Rights European Arrest Warrant
ECJ: Indiscriminate Collection and Unlimited Storage of Biometric and Genetic Data Permissible 
18 February 2026
Thomas Wahl Thomas Wahl in Issue 4/2025
On 20 November 2025, the European Court of Justice (ECJ) ruled in case C-57/23 ("Policejní prezidium") that the indiscriminate collection and indefinite storage of biometric and genetic data of individuals is permissible, provided that there is an absolute necessity and regular review is guaranteed. Read more
EU Data Protection
ECJ Strengthened Data Protection on Online Marketplaces 
16 February 2026
Thomas Wahl Thomas Wahl in Issue 4/2025
On 2 December 2025, the Grand Chamber of the European Court of Justice (ECJ) ruled in Case C-492/23 (Russmedia Digital and Inform Media Press) that the operator of an online marketplace is responsible for processing the personal data contained in advertisements published on its platform. Read more
EU Data Protection
EU Council Moves Ahead on Data Sharing for US Border Purposes 
12 February 2026
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 4/2025
On 16 December 2025, the Council adopted a Decision formally opening the way for negotiations on a comprehensive framework agreement between the EU and the United States of America on the exchange of information for security screenings and identity verifications related to border procedures and visa applications. Read more
EU Fundamental Rights Council European Data Protection Supervisor (EDPS) Data Protection
ECJ Reprimands Polish Constitutional Court and Denies its Independence 
10 February 2026
Thomas Wahl Thomas Wahl in Issue 4/2025
In its judgment of 18 December 2025 in infringement proceedings C-448/23 brought by the European Commission against Poland, the ECJ's Grand Chamber postulate that national constitutional courts cannot override the primacy of EU law either by invoking their respective constitutional identity or by means of ultra vires review. Read more
EU Rule of Law Court of Justice of the European Union (CJEU)
Europol Report on the Impact of Robotics and Unmanned Systems on Law Enforcement 
9 February 2026
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 4/2025
On 8 December 2025, Europol’s Innovation Lab published a report providing an in-depth analysis of how unmanned systems may reshape society, criminal activity, and law enforcement. Read more
EU Artificial Intelligence (AI) Europol Law Enforcement Cooperation Police Cooperation
Spotlight EP Calls for Improvements to Conditionality Regulation 
9 February 2026
Thomas Wahl Thomas Wahl in Issue 4/2025
On 18 December 2025, the plenary session of the European Parliament adopted a resolution on the implementation of the rule of law conditionality regime. After the Conditionality Regulation came into force five years ago, the EP takes stock and draws attention to deficiencies in its implementation. A series of recommendations for improvement are made. Read more
EU Rule of Law Protection of Financial Interests
Spotlight ECA: EU Anti-Fraud Bodies Could Do Better 
6 February 2026
Thomas Wahl Thomas Wahl in Issue 4/2025
In a special report released on 15 December 2025, the ECA concluded that cooperation between the EPPO and OLAF is affected by inefficient information exchange and the European Commission's oversight of repayments to the EU budget is insufficient. Read more
EU OLAF Europol Eurojust European Public Prosecutor's Office (EPPO) Protection of Financial Interests Freezing of Assets / Confiscation
Spotlight Report of the High-Level Forum on the Future of EU Criminal Justice 
6 February 2026 (updated 2 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2025
This news item summarises the report of the High-Level Forum on the Future of EU Criminal Justice. The forum, which brought together officials from the EU Member States, the EU institutions and JHA bodies as well as respresenatives from academia, legal practice and civil society, discussed how a vision of European criminal law can be shaped. The report synthesises the key insights raised during the four plenary meetings held in 2025. Read more
EU Area of Freedom, Security and Justice
Statewatch: Campaign against Transnational Security Networks Needed 
5 February 2026
Thomas Wahl Thomas Wahl in Issue 4/2025
On 27 November 2025, Statewatch published the outcome of a research project that has examined how global counter-terrorism and security networks threaten civic space and human rights. Read more
Council of Europe EU Security Union Human Rights Issues
“Cryptomixer” Taken Down 
5 February 2026
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 4/2025
At the end of November 2025, Europol and Eurojust helped German and Swiss authorities during a coordinated action week in Zurich that led to the takedown of the illegal cryptocurrency mixing service “Cryptomixer”. The service is suspected of having facilitated cybercrime and money laundering since … Read more
EU Europol Eurojust Money Laundering Judicial Cooperation Law Enforcement Cooperation
Europol and OLAF Crack Down on Sanctions Evasion 
5 February 2026
Cornelia Riehle LL.M. Cornelia Riehle LL.M. / Thomas Wahl Thomas Wahl in Issue 4/2025
In the framework of EMPACT, the EU strengthened law enforcement activities against sanctions evasion. Europol launched a new team within its European Financial and Economic Crime Centre to target the circumvention of sanctions following Russia's war against Ukraine. First successful results were achieved by a joint action against illicit vehicle exports to Russia. Read more
EU Ukraine conflict OLAF Europol Customs Cooperation Law Enforcement Cooperation
Spotlight ECJ Rules on Frontex Obligations in Joint Return Operations and Pushbacks 
2 February 2026
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 4/2025
On 18 January 2025, upon appeal, the Grand Chamber of the ECJ largely set aside two judgments of the General Court that declined Frontex's liability for damages in the context of joint return operations and pushbacks from Greece to Türkiye. The ECJ's judgments are likely to send a strong signal taking account of the changing role of the European Border and Coast Guard Agency. Read more
EU Fundamental Rights Frontex
ECJ Clarifies GDPR Information Duties for Body Cameras in Public Transport 
30 January 2026
Dr. Anna Pingen Dr. Anna Pingen in Issue 4/2025
In its judgment in Storstockholms Lokaltrafik, the ECJ clarified which information obligations under the General Data Protection Regulation (GDPR) apply when personal data are collected through body cameras worn by ticket inspectors. Read more
EU Fundamental Rights Data Protection
JHA Council Discusses Internal Security Implications of Drones 
30 January 2026
Thomas Wahl Thomas Wahl in Issue 4/2025
At the Council meeting on 8 December 2025, the Home Affairs Ministers of EU Member States discussed common law enforcement measures to address the malicious use of drones. Possible EU actions could include better coordination of anti-drone activities, harmonisation of anti-drone systems standards, and … Read more
EU Area of Freedom, Security and Justice Security Union Europol Frontex Law Enforcement Cooperation