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EP: Time Is Ripe for a Comprehensive DRF Mechanism
In a resolution of 14 November 2018, the EP called on the Commission to present a proposal for a comprehensive EU mechanism on democracy, the rule of law, and fundamental rights (in short: “DRF”). Several EU Member States were not maintaining the core EU … Read more
Thomas Wahl
EU
Fundamental Rights
Spotlight CJEU: No Rehearing for Alleged Infringements of EU Fundamental Rights
On 24 October 2018, the CJEU published a judgment on the question of whether national legislation laying down a remedy allowing criminal proceedings to be reheard in the event of infringement of the ECHR must be extended to alleged infringements of fundamental rights enshrined … Read more
EU
Fundamental Rights
Schengen
Judicial Cooperation
CEPEJ 2018 Report on Efficiency of Justice
On 5 October 2018, CEPEJ published its 2018 report on the main trends observed for the efficiency of justice in 45 European countries. This 7th evaluation report is based on the 2016 data and serves as a practical tool to better understand the operation of justice in Europe, including major trends, statistics, and common issues. Read more
Dr. András Csúri
Council of Europe
European Commission for the efficiency of justice (CEPEJ)
Court Re-Elects President Raimondi
On 17 September 2018, Guido Raimondi was re-elected as President of the ECtHR. His term ends on 4 May 2019, the same time as his mandate as a judge.Before his career at the ECtHR Raimondi worked in the Legal Department of the Italian … Read more
Council of Europe
European Court of Human Rights
Report
The 2018 Conference on International Extradition and the European Arrest Warrant
Academic and practising lawyers from around the world gathered in Sarnico, Italy in the last week of June 2018 to brainstorm on current developments in extradition law in several countries, including the UK, Scotland, USA, Italy, Albania, Australia, Germany, and Switzerland. A poll of participants indicated that virtually all considered the two-day conference a complete success. Read more
Prof. Dr. Stefano Maffei
EU
European Arrest Warrant
Judicial Cooperation
Spotlight CJEU: Refusal of EAW in Case of Fair Trial Infringements Possible as Exception
On 25 July 2018, the CJEU delivered its judgment on the non-execution of European Arrest Warrants (EAWs) in cases of systemic deficiencies regarding the independence of the judiciary (Case C-216/18 PPU [“LM”]). Read more
EU
European Arrest Warrant
Spotlight 2017 PIF Report
On 3 September 2018, the Commission published its annual report on “The Protection of the EU’s financial interests – Fight against fraud – 2017”. It is the 29th report that annually provides information on the main legal and practical measures taken by the Commission and the EU Member States to counter fraud and other illegal activities affecting the Union’s budget. Read more
EU
Protection of Financial Interests
Spotlight CJEU: Special Recognition Procedure Not in Line with EU Law
On 5 July 2018, the CJEU ruled that Framework Decision 2008/675/JHA precludes Hungarian procedural rules on the recognition and validity of final criminal judgments previously handed down by the court of another Member State (Case C-390/16 [Lada]). Read more
EU
Taking Account of Convictions
JHA Ministers’ Debate on e-Evidence Legislation
At their Council meeting of 4-5 June 2018, the JHA Ministers held a first policy debate on the Commission’s proposals for a legislative EU framework on cross-border access to e-evidence. The legislative proposals were tabled on 17 April 2018. Read more
EU
e-Evidence
Law Enforcement Cooperation
Council and EP Shape Regulation on Freezing and Confiscation Orders
On 20 June 2018, the Council announced that a political agreement had been reached with the European Parliament on new EU rules for the mutual recognition of freezing and confiscating orders. Read more
EU
Freezing of Assets / Confiscation
EP Calls for Strict Implementation of Victims’ Protection Directive
On 30 May 2018, the plenary of the European Parliament adopted a resolution on the implementation of Directive 2012/29/EU establishing minimum standards on the rights, support, and protection of victims of crime. Read more
EU
Victim Protection
Council Conclusions on Proctection of Victims of Terrorism
On 5 June 2018, the JHA Council adopted conclusions on victims of terrorism. They mainly call for effective cooperation between the authorities and entities responsible for the protection of victims of terrorism in order to facilitate the rapid exchange of information and assistance in the event of a terrorist attack. Read more
EU
Victim Protection
Council Ready to Start Negotiations on Interoperability Legal Framework
Despite criticism from data protection and fundamental rights organisations, the EU institutions continue to make progress in adopting legislation on the interoperability between EU information systems in the area of justice and home affairs. On behalf of the European Council, the Permanent Representatives Committee (Coreper) approved a mandate for negotiations on the proposed two regulations establishing a framework for interoperability on 14 June 2018. Read more
EU
Law Enforcement Cooperation
Data Protection
Handbook on European Data Protection Law
In May 2018, the EU Agency for Fundamental Rights (FRA), together with the Council of Europe (CoE), published an update of its Handbook on European Data Protection Law, the first edition of which had been published in 2014. Read more
Cornelia Riehle LL.M.
EU
Data Protection
Report
What Hinders EU Cooperation? Where Should the EU Take Action – Scientific Study Gives Answers
On 30 August 2018, the European Parliament Think Tank published a scientific study entitled: “Criminal procedural laws across the European Union– A comparative analysis of selected main differences and the impact they have over the development of EU legislation.” Read more
EU
Procedural Safeguards
ECA: Commission To Better Measure Effectiveness of EU Action Against Radicalisation
On 29 May 2018, the European Court of Auditors (ECA) published its special report No 13/2018, which looked into the EU’s action against radicalisation, i.e., the phenomenon of people embracing extremist ideologies and behaviour which could lead them to commit acts of terrorism. The … Read more
EU
Racism and Xenophobia