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AG: Bulgaria Not Allowed to Issue EIOs 
20 May 2021 (updated 4 years, 9 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, 4 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, 9 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
Protocol No. 15 to the ECHR Enters into Force 
11 May 2021
Dr. András Csúri Dr. András Csúri
On 21 April 2021, Italy deposited its instrument of ratification of Protocol No. 15 amending the European Convention on Human Rights (ECHR), thereby bringing the Protocol into force for all CoE member states with effect from 1 August 2021.Protocol No. 15 adds a new … Read more
Council of Europe Reform of the European Court of Human Rights
Ambiguous Position of Italian Constitutional Court on Life Imprisonment 
4 May 2021
Lucia Parlato Lucia Parlato
On 15 April 2021, the Italian Constitutional Court ruled on the constitutionality of life imprisonment. The main issue concerned the possibility of granting release on licence to convicted criminals sentenced to life imprisonment for very severe offences. Read more
Human Rights Issues Organised Crime
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, 7 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)
CCPE: Opinion on the Role of Prosecutors in Emergency Situations 
26 April 2021
Dr. András Csúri Dr. András Csúri
On 21 March 2021, the CCPE published Opinion No. 15 on “The role of public prosecutors in emergency situations, in particular when facing a pandemic.” It sheds light on the implementation of the usual tasks of prosecutors in emergency situations, their new or expanded tasks in response to such situations, the management of challenges faced by prosecutors in emergency situations, and the modalities of international cooperation during a pandemic. Read more
Council of Europe Consultative Council of European Public Prosecutors (CCPE) Procedural Safeguards
ECtHR: New Case Processing Strategy 
26 April 2021
Dr. András Csúri Dr. András Csúri
The ECtHR introduced a new case management strategy that establishes a new category of “impact” cases. The new strategy aims to ensure that priority cases are identified, processed, and decided very quickly. Read more
Council of Europe European Court of Human Rights
Human Rights Commissioner: Corruption Undermines Human Rights and Rule of Law 
26 April 2021 (updated 4 years, 11 months ago)
Dr. András Csúri Dr. András Csúri
In a comment, Dunja Mijatović (CoE Commissioner for Human Rights) warned member states that corruption undermines trust in public institutions, hinders economic development, and has a disproportionate impact on the exercise of human rights, especially among people belonging to marginalised or disadvantaged groups. It also disproportionately impacts women, children, and people living in poverty. Read more
Council of Europe Fundamental Rights Rule of Law Corruption