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MTIC Scheme Dismantled 
1 April 2021
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 10 February 2021, Dutch tax authorities, in cooperation with law enforcement and judicial authorities from four EU Member States and supported by Eurojust and Europol, smashed an illegal VAT scheme that involved the purchase and sale of Secure Digital (SD) memory cards. By using … Read more
EU Europol
Memorandum of Understanding with the World Anti-Doping Agency 
1 April 2021
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 18 February 2021, Europol signed a Memorandum of Understanding (MoU) with the World Anti-Doping Agency (WADA). Under the MoU, both agencies will exchange knowledge and expertise to enhance their cooperation in the fight against the illegal production and distribution of doping substances and their … Read more
EU Europol
Fraudulent VAT Scheme Involving Vegetable Oil Dismantled 
1 April 2021
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 18 February 2021, Polish and German authorities dismantled an international VAT fraud scheme with the support of Europol. The scheme, which concerned the vegetable oil trade, caused the Polish treasury to lose an estimated €17.8 million in tax. Twelve suspects were arrested; it is … Read more
EU Europol
Executive Board Starts Implementation of Conference on the Future of Europe 
1 April 2021
Thomas Wahl Thomas Wahl
The Executive Board of the Conference on the Future of Europe started the implementation of the European citizens' participation in the discussions on the future shape and orientation of the EU. Read more
EU Reform of the European Union Organised Crime
EU Imposes First Sanctions for Human Rights Violations 
1 April 2021
Thomas Wahl Thomas Wahl
After the adoption of the EU Global Human Rights Sanctions Regime – also dubbed the “European Magnitsky Act” – in December 2020, the EU started to impose the first restrictive measures to individuals in March 2021. Read more
EU Fundamental Rights
New E-Evidence Legislation: Trilogue Started – Criticism on EP Stance 
25 March 2021 (updated 5 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2021
After the European Parliament adopted its position on the e-evidence package in December 2020 (→ eucrim 4/2020, 295-296), trilogue negotiations between the EP, the Council, and the Commission started on 10 February 2021. The Council had already presented its general approach in 2018 (→ … Read more
EU Legislation e-Evidence Law Enforcement Cooperation
Commission Report on ECRIS 
25 March 2021
Thomas Wahl Thomas Wahl
On 21 December 2020, the Commission presented its second statistical report on the European Criminal Records Information System (ECRIS). This system has allowed judicial authorities to easily exchange information on previous criminal convictions since 2012. The purpose of the report is to present the compliance … Read more
EU Commission Criminal Records
AG: Tax Authority Cannot Issue EIO without Prior Judicial Validation 
25 March 2021 (updated 3 years, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2021
In his Opinion of 11 March 2021 in Case C-66/20 (XK / Finanzamt für Steuerstrafsachen und Steuerfahndung Münster), Advocate General (AG) Sánchez-Bordona rejects the authorisation of administrative authorities – despite exercising powers as a prosecution office in criminal tax matters – to issue … Read more
EU European Investigation Order
CJEU: National Arrest Decision and EAW Cannot be Issued by Public Prosecutor Alone 
25 March 2021 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl
On 10 March 2020, the CJEU decided on the consequences of the Bulgarian criminal procedure system, under which both the European arrest warrant and the decision on which it is based had been issued by the Bulgarian public prosecutor without court review prior to surrender. … Read more
EU Court of Justice of the European Union (CJEU) European Arrest Warrant
CJEU: Consequences of Invalid EAWs for Pre-Trial Detention in the Issuing State 
25 March 2021 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl
In Case C-414/20 PPU (“MM”), the CJEU had to rule on the consequences if a Member State issued a European Arrest Warrant (EAW) without prior judicial decision that orders the arrest of the requested person. In the case at issue, MM was prosecuted … Read more
EU European Arrest Warrant
CJEU Rules on Compliance of FD EAW with Charter of Fundamental Rights 
25 March 2021 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl
In its judgment of 28 January 2021 in Case C-649/19 (“criminal proceedings against IR”), the CJEU took a stance on the extent of a person’s rights of information if he/she is subject to a European Arrest Warrant (EAW). In addition, the CJEU … Read more
EU European Arrest Warrant Procedural Safeguards
Spotlight EP Adopted Own Report on EAW Implementation 
25 March 2021 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl
On 20 January 2021, the European Parliament adopted its own initiative report on the implementation of the European Arrest Warrant. While MEPs consider that the EAW is “generally a success” and has “positive effects on the maintenance of the AFSJ,” they believe that the time is ripe to improve and update the instrument, particularly since digital transformations have changed the ecosystem of crime. Read more
EU European Arrest Warrant Judicial Cooperation
CJEU: Bulgarian Confiscation Rules Excluding Rights for Third Parties Acting in Good Faith Are Contrary to EU Law 
25 March 2021 (updated 2 years, 9 months ago)
Thomas Wahl Thomas Wahl
In its judgment of 14 January 2021, the CJEU clarified EU Member States’ obligations with regard to Framework Decision 2005/212/JHA on confiscation of crime-related proceeds, instrumentalities, and property. The case (C-393/19, “OM”) dealt with the rights of third parties acting … Read more
EU Freezing of Assets / Confiscation
Spain Must Pay for Non-Transposition of EU Data Protection Directive 
20 March 2021 (updated 5 years, 6 months ago)
Thomas Wahl Thomas Wahl
On 25 February 2021, the CJEU ordered Spain to pay a lump sum of € 15 million and a daily penalty payment of €89,000 for its ongoing failure to transpose Directive 2016/680 regarding the protection of personal data by law enforcement authorities (for the Directive … Read more
EU Fundamental Rights Data Protection
Commission Admits Initiative against Biometric Mass Surveillance 
20 March 2021
Thomas Wahl Thomas Wahl
On 7 January 2021, the Commission decided to register a European Citizens’ Initiative entitled: “Civil society initiative for a ban on biometric mass surveillance practices.” The organisers call on the European Commission to strictly regulate the use of biometric technologies in order to … Read more
EU Commission Data Protection
Council Agrees on Negotiating Mandate for E-Privacy Regulation – Data Retention Included 
20 March 2021
Thomas Wahl Thomas Wahl
On 10 February 2021, the Council agreed on a negotiating mandate for the planned Regulation “concerning the respect for private life and the protection of personal data in electronic communications” (e-Privacy Regulation). Although the Commission presented its proposal (COM(2017) 10 final) in January … Read more
EU Council Data Protection