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AG: Bulgaria Not Allowed to Issue EIOs 
20 May 2021 (updated 4 years, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2021
AG Michal Bobek recommends that the CJEU decide that Bulgarian authorities cannot issue European Investigation Orders (EIOs) unless Bulgaria introduces remedies against investigative measures. It is the second time that the CJEU is addressed in the specific case (criminal proceedings against Ivan Gavanozov). Read more
EU European Investigation Order Procedural Safeguards
CJEU Clarifies Scope of Ne Bis in Idem Principle Involving Sentences by Third Countries 
20 May 2021 (updated 3 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2021
On 29 April 2021, the CJEUdelivered a judgment on interpretation of Art. 4(5) of the Framework Decision on the European Arrest Warrant (FD EAW) for the first time. It also decided that convictions combined with leniency measures in third countries can be a ground for refusing the execution of an EAW. Read more
EU European Arrest Warrant Ne bis in idem
Launch of the Digital Platform “Conference on the Future of Europe” 
13 May 2021
Dr. Anna Pingen Dr. Anna Pingen
19 April 2021 marked the launch of the multilingual digital platform “Conference on the Future of Europe.” It provides a unique opportunity for European citizens to engage in the debate about the future of Europe and to exchange views with experts and EU … Read more
EU Reform of the European Union
EDPS Comments on Commission’s Artificial Intelligence Act Proposal 
13 May 2021
Dr. Anna Pingen Dr. Anna Pingen
In a press release dated 23 April 2021, the European Data Protection Supervisor (EDPS), Wojciech Wiewiórowski, welcomed the Commission’s proposal for a new regulation laying down harmonised rules on artificial intelligence (Artificial Intelligence Act – → separate news item). The EDPS especially recognised … Read more
EU Artificial Intelligence (AI)
Spotlight Commission Proposes Artificial Intelligence Act 
13 May 2021 (updated 4 years, 8 months ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 2/2021
On 21 April 2021, the Commission tabled a proposal for a regulation laying down harmonised rules on artificial intelligence (AI). Following the Commission’s White Paper on AI from 2020 (→ eucrim 1/2020, 8-9) and in a new step aiming to turn Europe into the … Read more
EU Artificial Intelligence (AI) Commission
Commission Consults Public on New EU Police Cooperation Code 
3 May 2021
Thomas Wahl Thomas Wahl
The European Commission's work on a European code for cross-border police cooperation is gaining momentum. The idea was presented for the first time in the framework of the EU Security Strategy, which was presented in July 2020 (→ eucrim 2/2020, 71-72). As part of the … Read more
EU Security Union Police Cooperation
Brexit: EP Formally Approves TCA and Requests its Involvement in Implementation 
28 April 2021
Thomas Wahl Thomas Wahl
On 27 April 2021, the EP consented to the EU-UK Trade and Cooperation Agreements. This formal approval paves the way for the agreement to enter into force permanently on 1 May 2021. In an accompanying resolution, the EP assesses in detail the different chapters and topics of the TCA and highlights several issues regarding future cooperation in justice and home affairs and the protection of the EU's financial interests. Read more
EU Brexit
Commission Provides Guidance on Conflicts of Interest 
28 April 2021
Thomas Wahl Thomas Wahl
On 7 April 2021, the European Commission published a guidance on the avoidance and management of conflicts of interest under the new 2018 Financial Regulation (FR). The FR, which entered into force on 2 August 2018, has strengthened the measures to protect the EU’s financial … Read more
EU Protection of Financial Interests
German Federal Constitutional Court Paves Way for EU’s Recovery Instrument 
28 April 2021
Thomas Wahl Thomas Wahl
The German Federal Constitutional Court (FCC) rejected an application for preliminary injunction against the German Act Ratifying the EU Own Resources Decision. As a consequence, the Ratifying Act can be signed by the Federal President. However, the FCC will have a closer look on the constitutionality of the EU's own resources decision at the principal proceedings. Read more
EU Protection of Financial Interests
AG Proposes Paradigm Shift Regarding the Duty to Refer for National Last Instance Courts 
28 April 2021
Thomas Wahl Thomas Wahl
AG Bobek proposed that the CJEU should revisit its case law on exceptions from the duty borne by national last-instance courts to refer questions on the interpretation of Union acts to the CJEU (Art. 267 TFEU). He proposes a new formula by means of which the duty to refer questions of interpretation to the CJEU can be established. Read more
EU Court of Justice of the European Union (CJEU)
Working Arrangement Between EPPO and Prosecutor-General of Hungary 
27 April 2021 (updated 4 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2021
On 6 April 2021, a working arrangement between the EPPO and the Office of the Prosecutor-General of Hungary entered into force. It aims to facilitate the practical application of the existing legal framework for judicial cooperation in criminal matters between the EPPO and Hungary. Read more
EU European Public Prosecutor's Office (EPPO)
ECA: Deficiencies in Customs Control Hamper EU’s Financial Interests 
26 April 2021
Thomas Wahl Thomas Wahl
Customs controls in the EU still considerably differ as a result of which the protection of the EU’s financial interests is hampered, the European Court of Auditors (ECA) stated in its Special Report 04/21 of 30 March 2021. Read more
EU Protection of Financial Interests Customs Cooperation
Spotlight FRA Report on Presumption of Innocence and Right to Be Present – More Needs to Be Done in Practice 
26 April 2021
Thomas Wahl Thomas Wahl
On 31 March 2021, the EU Agency for Fundamental Rights (FRA) presented its findings on how the rights to be presumed innocent, to remain silent and to be present at trial – as specifically spelled out in Directive 2016/343 – are applied in practice. The report is based on interviews with 123 legal practitioners in nine EU Member States. The FRA report stressed that problems in implementing the EU safeguards still persist. Read more
EU Procedural Safeguards
Commission Implementation Report on Presumption of Innocence Directive 
26 April 2021
Thomas Wahl Thomas Wahl
In a report dated 31 March 2021, the Commission points out that key provisions of Directive 2016/343 on the presumption of innocence have been inadequately implemented in a number of EU Member States. Major deficiencies relate to the prohibition of public references to guilt and to the right not to incriminate oneself. Read more
EU Procedural Safeguards
EU Leaders Give Guidance on EU’s Digital Transformation 
26 April 2021
Thomas Wahl Thomas Wahl
The EU must enhance its digital sovereignty in a self-determined and open manner, said EU leaders at the video conference of the European Council on 25 March 2021. The Council is invited to swiftly examine the Commission’s Communication on the 2030 Digital Compass … Read more
EU Legislation Data Protection
AG Gives Opinion on Compatibility of Romanian Constitutional Court Decisions Involving PIF Obligations 
26 April 2021 (updated 4 years, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2021
AG Bobek provides his opinion in cases where the compatibility of findings of the Romanian Constitutional Court with EU law (including the protection of the EU's financial interests) are to be assessed. The cases were referred to the CJEU by the Romanian supreme court and a Romanian instance court. The AG considers the reference only partly successful. Read more
EU Fundamental Rights Protection of Financial Interests