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News found: 2336 of 2336
Reference for Preliminary Ruling on Detention Conditions by Higher Regional Court of Hamburg
Following the judgment of the Federal Constitutional Court blaming the Higher Regional Court of Hamburg for not having sufficiently taken into account a person’s right to a lawful judge, the Higher Regional Court of Hamburg lodged a reference for a preliminary ruling to the CJEU. Read more
Thomas Wahl
EU
European Arrest Warrant
Higher Regional Court of Bremen Submits “Aranyosi III”
On 27 March 2018, the Higher Regional Court of Bremen/Germany, submitted a request to the CJEU seeking clarification of the CJEU’s case law on detention conditions as set out in the Aranyosi/Căldăraru case. Read more
EU
European Arrest Warrant
German Court: Surrender of Catalan Leader Puigdemont Possible But No Serious Flight Risk
The surrender of Carles Puigdemont, who promoted the independence of Catalonia from Spain, became a matter for German authorities. On 25 March 2018, while returning to Belgium from a trip to Finland, Puigdemont was apprehended north of Germany, near the border to Denmark. Read more
EU
European Arrest Warrant
Commission Makes OLAF Fit as Partner of EPPO
On 23 Mai 2018, the European Commission tabled a proposal to amend Regulation (EU, Euratom) 883/2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF). Read more
EU
OLAF
European Public Prosectutor's Office (EPPO)
Report
RENFORCE Researchers Conclude a Comprehensive Comparative Report on the OLAF Legal Framework on the Exchange of Information
6 June 2018
(updated 2 years ago)
Koen Bovend’Eerdt LL.M.
/
Prof. Dr. Michiel Luchtman
in Issue 1/2018
Under the auspices of the Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE), an international team of researchers has recently concluded a report entitled ‘Exchange of information with EU and national enforcement authorities: improving the OLAF legislative framework through a comparison with other EU authorities’. The project was co-funded under the Hercule III Programme of the European Commission/OLAF.
Read more
Koen Bovend’Eerdt LL.M.
/
Prof. Dr. Michiel Luchtman
in Issue 1/2018
First Case on Interpretation of EIO Brought Before CJEU
The first preliminary ruling procedure on substantial matters of the Directive is currently pending at the CJEU. A Bulgarian court lodged the reference in May 2017. Read more
EU
European Court of Justice (ECJ)
European Investigation Order
State of Play of EIO Implementation
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 EU … Read more
EU
European Investigation Order
Spotlight Federal Constitutional Court Calls for German Courts to Consult CJEU on Detention Conditions
German courts are still struggling with the problem as to the extent to which persons can be surrendered if detention conditions in another EU country risk violating the ban on inhuman and degrading treatment in accordance with Art. 3 ECHR.This question was also the … Read more
EU
European Arrest Warrant
No Decision on Aranyosi II Case by CJEU
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’s landmark … Read more
EU
European Court of Justice (ECJ)
European Arrest Warrant
Irish High Court Questions Fair Trial Guarantee in Poland after Surrender
On 23 March 2018, the Irish High Court filed a request for a Preliminary Ruling under Article 267 TFEU. It concerned a request for surrender from Poland on the basis of a European Arrest Warrant (EAW).In the case at issue ([2018] IEHC 153, the … Read more
EU
European Arrest Warrant
CJEU Sets Conditions for Surrender of Minors
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
EU
European Court of Justice (ECJ)
European Arrest Warrant
CJEU Interprets Refusal Ground of Trials in absentia in the Context of Revocation of Suspended Convictions
Courts are increasingly encountering the problem of whether the newly introduced Art. 4a of the FD EAW (which regulates the conditions under which a EAW can be refused if the person is not present in the “trial resulting in the decision”) applies to decisions taken … Read more
EU
European Court of Justice (ECJ)
European Arrest Warrant
Draft Regulation on Mutual Recognition of Confiscation and Freezing Orders Passes First Review in the EP
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 … Read more
EU
Freezing of Assets / Confiscation
CJEU: Acquittal in Criminal Proceedings Can Block Administrative Fines
On 20 March 2018, the CJEU rendered decisions in two cases that dealt with another aspect within the framework of the admissibility of the duplication of administrative and criminal penalties under EU law. The joined cases C-596/16 and C-597/16 (Enzo Di Puma and Antonio … Read more
EU
Ne bis in idem
CJEU: Italian Legislation Combining Administrative and Criminal Sanctions Against Market Manipulation Does Not Respect EU’s ne bis in idem Principle
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 which … Read more
EU
Ne bis in idem
CJEU: Criminal Penalty in Addition to Penalty in Tax Proceedings to Combat VAT Fraud Possible
In the case C-524/15, Luca Menci, the CJEU had to give guidance as to whether criminal proceedings against an individual – for the same act – can be brought after an administrative penalty was already imposed for not having paid high amounts of … Read more
EU
European Court of Justice (ECJ)
Protection of Financial Interests
Ne bis in idem