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German Bar Association: AI in the Justice Sector Needs Clear Boundaries
Judicial and similarly invasive binding decisions of state bodies may never be fully automated. This is one of the statements by the German Bar Association (DAV) in its position within the framework of the Commission’s consultation on its White Paper on Artificial Intelligence (see eucrim … Read more
Thomas Wahl
EU
Legislation
Brexit: Commission Advises Stakeholders to Be Ready on 1 January 2021
On 9 July 2020, the Commission published a Communication that aims at preparing public administrations, businesses, and citizens to the inevitable changes in the wake of Brexit, which will occur after the end of the current transition period on 1 January 2021. The Communication provides … Read more
EU
Area of Freedom, Security and Justice
Brexit
Spotlight 2020 EU Justice Scoreboard: Improvements in Efficiency, but Decline in Perceived Judicial Independence
On 10 July 2020, the Commission published the eighth edition of the EU Justice Scoreboard. The Scoreboard presents an annual comparative overview of indicators relevant for the independence, quality, and efficiency of justice systems in all EU Member States. The scoreboards mainly focus on civil, … Read more
EU
Area of Freedom, Security and Justice
MEPs Discuss Proposal for Better EU Rule-of-Law Supervision
On 1 July 2020, rapporteur MEP Michael Šimečka (Renew, SK) published a draft report on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights (DRF). The DRF, which strives for a stronger EU enforcement of breaches of the EU’s … Read more
EU
Fundamental Rights
Rule of Law
AG Opinion on Right to Judicial Review in Tax Cooperation
Orders to provide information made in the context of the cross-border data exchange between tax authorities must be subject to judicial reviews. In addition, the requesting authority has the duty to state reasons in its request for information. These are the main conclusions by AG … Read more
EU
Fundamental Rights
German Court Links Petruhhin Doctrine with ne bis in idem and Boosts Common European Criminal Law
A German court transferred the principles on extradition of EU citizens to third countries (as established by the CJEU) to the privilege not to be prosecuted twice. In the case at issue before the Higher Regional Court of Frankfurt am Main, the USA requested … Read more
EU
Judicial Cooperation
Ne bis in idem
Council Discusses Extradition of EU Citizens to Third Countries
At a video conference meeting on 4 June 2020, the ministers of justice of the EU Member States exchanged views on the issue of extradition of EU citizens to third countries. Several questions remain as to how judgements from the CJEU in recent years, … Read more
EU
Judicial Cooperation
Impact of COVID-19 on Justice from Lawyer Viewpoint – CCBE Actions
The Council of Bars and Law Societies of Europe (CCBE) started several actions to alert the public to the situation of lawyers following confinement measures during the COVID-19 outbreak. The association published an overview of measures taken in some European countries addressing the impact of … Read more
EU
Judicial Cooperation
Special Websites: Impact of COVID-19 on the Justice Field
The European Commission has established a dedicated website within the European e-Justice portal, which informs judicial authorities, legal practitioners, businesses, and citizens of the measures taken within the European Union in relation to the COVID-19 pandemic and its effects on European justice. The page is … Read more
EU
European Judicial Network (EJN)
Agency for Fundamental Rights (FRA)
Judicial Cooperation
EU Directive Requested Against Gag Lawsuits
119 organisations signed a statement that calls on the EU to stop gag lawsuits against public interest defenders. The statement was published on the website of the European Centre for Press & Media Freedom (ECPMF) on 8 June 2020. The statement lists recent examples of … Read more
EU
Victim Protection
German Court Asks CJEU about Compatibility of PNR Legislation
The Administrative Court of Wiesbaden initiated references for a preliminary ruling to the CJEU that tackle the question of whether the EU PNR Directive (Directive 2016/681, see eucrim 2/2016, p. 78) and the German implementation law are compatible with Union law, in particular the Charter … Read more
Council of Europe
EU
Data Protection
CCBE Guide to Assist EU Defence Lawyers
The CCBE published a reference guide to assist EU defence practitioners. The guide aims at giving an overview of EU legislation, case law, and tools. It provides references to relevant legislation, case law and other relevant material. The publication, inter alia, includes information … Read more
EU
Procedural Safeguards
Spotlight CJEU Imposes Further Restrictions to German Penal Order System
In its judgment of 14 May 2020 (Case C-615/18, UY/Staatsanwaltschaft Offenburg), the CJEU had to deal with the German rules on the service of penal orders (Strafbefehle) to persons living abroad and with their interpretation in conformity with EU law, in … Read more
EU
Procedural Safeguards
Commission Satisfaction with Application of Code of Conduct to Counter Illegal Hate Speech Online
On 22 June 2020, the Commission released the results of its meanwhile fifth evaluation of the Code of Conduct on Countering Illegal Hate Speech Online. The Code of Conduct was agreed on 31 May 2016 to ensure that requests to remove racist and xenophobic Internet … Read more
EU
Racism and Xenophobia
Council Conclusions on Financial Investigations to Fight Organised Crime
Financial investigations should become a horizontal, cross-cutting priority in order to combat all forms of organised crime. This is one of key points of Council conclusions on the enhancement of financial investigations, which were approved on 17 June 2020.Considering that the proceeds of … Read more
EU
Organised Crime
Council Conclusions on Excise Duties on Tobacco
On 2 June 2020, the Council adopted conclusions on the structure and rates of excise duty applied to manufactured tobacco. The Council recognises that the current provisions of the legal framework, i.e., Directive 2011/64/EU, have become less effective, as they are either no longer … Read more
EU
Tax Evasion