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Brexit: EP Think Tank Analysis Draft Withdrawal Agreement
In July 2018, the European Parliamentary Research Service (EPRS) released an in-depth analysis on the draft withdrawal agreement published by the European Commission on 19 March 2018. Additional points settled in negotiations up to June 2018 were also included. The report aims at providing an overview of the main areas already settled by the negotiators as well as areas of persisting difficulty or disagreement. Read more
Thomas Wahl
EU
Area of Freedom, Security and Justice
Report
CEPS and QMUL Report Outlines UK-EU Cooperation in Criminal Justice and Police Matters after Brexit
The Task Force set up by the Centre for European Policy Studies (CEPS) – a Brussels-based think tank – and the School of Law at Queen Mary University of London (QMUL) published a report that extensively examines the key issues, main options, and alternative models … Read more
EU
Area of Freedom, Security and Justice
Think Tank Considers Solutions for a Post-Brexit JHA Deal
The Institute for Government – a London-based think tank on governmental challenges – published a report entitled “Negotiating Brexit: policing and criminal justice” in September 2018. Read more
EU
Area of Freedom, Security and Justice
Commission Proposes New Justice, Rights and Values Fund
As part of the Commission’s proposals for a new long-term EU budget, the Commission proposed a new “Justice, Rights and Values fund”. The fund will further contribute to the development of a European area of justice by simplifying the budgetary line into one financial programme. Read more
EU
Area of Freedom, Security and Justice
Spotlight 2018 EU Justice Scoreboard: Focus on Judicial Independence
On 28 May 2018, the Commission published the 2018 EU Justice Scoreboard. The Scoreboard provides a comparative overview of the independence, quality, and efficiency of justice systems in the EU Member States. Read more
EU
Area of Freedom, Security and Justice
Commission Continues to Struggle with Poland on Rule-of-Law Compliance
The controversy between the European Commission and Poland entered into another round in summer 2018. On 2 July 2018, the Commission decided to launch an infringement procedure against Poland regarding the Polish law on the Supreme Court. Read more
EU
Fundamental Rights
Rule of Law
EU 2017 Report on Human Rghts and Democracy in the World
On 28 May 2018, the General Secretariat of the Council published the EU’s annual report on human rights and democracy in the world in 2017. Read more
EU
Fundamental Rights
Commission Report on the Application of CFR in 2017
On 6 June 2018, the Commission published its annual report on the application of the EU Charter of Fundamental Rights (CFR) in the EU in 2017. It is the 7th report of its kind after the CFR became legally binding with the entry into force of the Lisbon Treaty on 1 December 2009. Read more
EU
Fundamental Rights
CEPEJ: 2018 Report on European Judicial Systems
On 4 October 2018, the European Commission for the Efficiency of Justice of the CoE (CEPEJ) published its seventh evaluation report, based on data from 2016,on the main trends in the judicial systems of 45 European countries. Read more
Council of Europe
Procedural Safeguards
Practical Adviser on the Use of Channels for Information Exchange
In July 2018, the Working Party on Information Exchange and Data Protection (DAPIX) published a Practical Adviser complementing the Manual on Law Enforcement Information Exchange. Read more
Cornelia Riehle LL.M.
EU
Law Enforcement Cooperation
German Bar Association Highly Critical of EU’s e-evidence Initiative
On 4 September 2018, the German Bar Association (Deutscher Anwaltverein − DAV) published a statement on the two legislative proposals of the Commission on e-evidence (see eucrim 1/2018, pp. 35-36). The statement (SN 42/18) criticises the initiative. Read more
EU
e-Evidence
Law Enforcement Cooperation
German Court Held Extradition of Catalan Leader Puigdemont Partly Inadmissable
In the most prominent European Arrest Warrant case in Germany in recent time, the possible surrender of former Catalan Regional President Carles Puigdemont to Spain, the First Senate for Criminal Matters of the Higher Regional Court of the State of Schleswig-Holstein rendered its final admissibility decision on 12 July 2018. Read more
EU
European Arrest Warrant
CJEU Blames Hungary for Non-Execution of Croatian EAW for Corruption
On 25 July 2018, the CJEU rendered an important judgment on the obligations of the executing authority in the European Arrest Warrant (EAW) system. Furthermore, the judgment interprets the refusal grounds of Art. 3 No. 2 and Art. 4 No. 3 FD EAW. Read more
EU
European Arrest Warrant
Ne bis in idem
Spotlight CJEU Clarifies Position on Non-Surrender in Case of Poor Detention Conditions (“Aranyosi III”)
On 25 July 2018, the CJEU rendered afurther landmark judgment on the question as to which extent judicial authorities in the executing Member State can refuse surrender after a European Arrest Warrant if detention conditions in the issuing Member State risk violating the fundamental right against inhuman or degrading treatment (Art. 4 CFR). Read more
EU
European Arrest Warrant
CJEU: UK’s Decision to Withdraw from EU Does Not Affect the Execution of EAWs
On 19 September 2018, the European Court of Justice (CJEU) decided on the impact of Brexit on the execution of European Arrest Warrants (EAWs) issued by the UK (Case C-327/18 PPU). Read more
EU
European Arrest Warrant
CJEU: New Italian Law on Unpaid VAT Compatible with EU Rules
On 2 May 2018, the CJEU rendered a judgment in Case C-574/15 (criminal proceedings against Mauro Scialdone). The case concerns the interpretation of Art. 4(3) TEU and Art. 325 TFEU, Council Directive 2006/112 on the common system of value added tax (the “VAT Directive”) and the PIF Convention of 26 July 1995. Read more
EU
Protection of Financial Interests