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Debate on Key Features of OLAF and EPPO Relations 
6 June 2018
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
After the Commission tabled its evaluation report on OLAF Regulation No. 883/2013 in October 2017 (see details in the special eucrim issue 4/2017), the Council (in its ECOFIN formation) examined the report (see eucrim 3/2017, p. 100). The Commission suggested a “two-step ... Read more

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EU OLAF European Public Public Prosecutor's Office (EPPO)
Convictions for Large-Scale Tobacco Smuggling 
6 June 2018
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 20 March 2018, a criminal court in Turin, Italy sentenced several individuals to prison, seized their assets, and ordered them to pay over €150 million to the Italian customs and tax authorities. It is the provisional end (the judgment is subject to appeal) of ... Read more

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EU OLAF
EPPO – Implementation Phase Started 
6 June 2018
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
At their informal meeting in Sofia on 26 January 2018, the Ministers for Justice discussed the next steps in successful implementation of the European Public Prosecutor’s Office (EPPO). After having finalised the legal framework in October 2017 (see eucrim 3/2017, pp. 102-104), it ... Read more

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EU European Public Public Prosecutor's Office (EPPO)
EPPO – First Implementation Measures Launched 
6 June 2018
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 23 February 2018, the Bulgarian Council Presidency released information about the state of play regarding preparations for implementing the EU Regulation of October 2017 establishing the European Public Prosecutor’s Office. The following preparatory measures so far are the most notable:Appointment of the ... Read more

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EU European Public Public Prosecutor's Office (EPPO)
Trilogue Negotiations on Planned Directive to Counter Money Laundering by Means of Criminal Law 
6 June 2018
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 17 January 2018, the European Parliament paved the way for the start of trilogue negotiations between MEPs, the Council, and the Commission as regards the legislative proposal for a directive on countering money laundering by means of criminal law. The mandate for MEPs was ... Read more

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EU Money Laundering
Next Round in the Fight against Financial Crime, Tax Evasion, and Tax Avoidance 
6 June 2018 (updated 6 months, 1 week ago)
Alexander Oppers
On 1 March 2018, MEPs decided to set up a new special committee for financial crime, tax evasion, and tax avoidance (TAX3).The objective is to continue the work of the TAXE 1 and TAXE 2 special committees (as decided by the European Parliament on ... Read more

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EU Tax Evasion
JHA Council Adopts General Approach on New Law Combating Non-Cash Payment Fraud 
6 June 2018
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
At its meeting on 9 March 2018, the Justice Ministers of the EU Member States endorsed a general approach on new legislation regarding the fight against fraud and counterfeiting of non-cash means of payment. The proposal for a directive was tabled by the Commission on ... Read more

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EU Non-Cash Means of Payment
Application of Code of Conduct Countering Illegal Hate Speech Online Positive 
6 June 2018
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 19 January 2018, the Commission released the results of the third evaluation of the Code of Conduct on countering illegal online hate speech. The overall assessment is rather positive since, on average, IT companies removed 70% of all illegal hate speech notified to them ... Read more

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EU Racism and Xenophobia
Commission Recommendation on the Handling of illegal Internet Content 
6 June 2018
Alexander Oppers
In continuation of the Communication on “Tackling Illegal Content Online - Towards an enhanced responsibility of online platforms” (marked by the slogan: what is illegal offline is also illegal online), the Commission issued a Recommendation on 1 March 2018. It includes operational measures and related safeguards ... Read more

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EU Racism and Xenophobia
JHA Council Gives Guidance on Legislative Proposal for Interoperability 
6 June 2018 (updated 3 weeks, 6 days ago)
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
At its meeting on 8 March 2018, the Home Affairs Ministers of the EU Member States gave political guidance on the ongoing examination of the legislative proposals for establishing an interoperability framework between EU information systems.The initiative, consisting of two legislative proposals, was launched ... Read more

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EU Law Enforcement Cooperation Data Protection
Commission Prepares for Effective Implementation of New EU Data Protection Legislation 
6 June 2018 (updated 6 months ago)
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
25 May 2018 marks the date of the direct applicability of the General Data Protection Regulation (GDPR), two years after its adoption and entry into force. The GDPR will bring about a significant change in the data protection landscape of the EU, since it replaces ... Read more

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EU Data Protection
CJEU: Italian Legislation Combining Administrative and Criminal Sanctions Against Market Manipulation Does Not Respect EU’s ne bis in idem Principle 
6 June 2018 (updated 6 months, 1 week ago)
Alexander Oppers / 2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
In a judgment of 20 March 2018 on the combination of administrative and criminal proceedings/penalties, the CJEU ruled that Art. 50 CFR precludes national legislation that allows an administrative proceeding imposing penalties of a criminal nature for unlawful conduct consisting in market manipulation for ... Read more

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EU Ne bis in idem
Draft Regulation on Mutual Recognition of Confiscation and Freezing Orders Passes First Review in the EP 
6 June 2018
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 17 January 2018, the European Parliament confirmed that MEPs can start trilogue negotiations with the JHA Council and the Commission as regards the legislative draft on a regulation on mutual recognition of freezing and confiscation orders. The confirmation goes back to Rule 69c of ... Read more

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EU Freezing of Assets
CJEU Sets Conditions for Surrender of Minors 
6 June 2018
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 23 January 2018, the CJEU delivered its judgment in the Piotrowski case (C-367/16). The case had been referred to the CJEU by the Court of Appeal, Brussels/Belgium and concerned the scope and possible depth of examination as to the ground for refusal ... Read more

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EU European Court of Justice (ECJ) European Arrest Warrant
No Decision on Aranyosi II Case by CJEU 
6 June 2018
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 15 November 2017, the CJEU released an order in which it stated that no decision will be taken on a reference for a preliminary ruling on the CJEU’s case law on detention conditions by the Higher Regional Court of Bremen. After the CJEU ... Read more

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EU European Court of Justice (ECJ) European Arrest Warrant
State of Play of EIO Implementation 
6 June 2018
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
After transposition by Cyprus and Poland, 20 of 26 EU Member States, which are bound by Directive 2014/41/EU regarding the European Investigation Order in criminal matters, are now able to use the new tool in the area of mutual legal assistance within the ... Read more

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EU European Investigation Order