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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
Thomas Wahl
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
Spotlight CJEU Ruling on Effective Prosecution of PIF Offences and Guarantee of Defence Rights
On 5 June 2018, the Grand Chamber of the CJEU delivered its judgment in Case C-612/15– criminal proceedings against Nikoley Kolev, Stefan Kostadinov. Read more
EU
Protection of Financial Interests
Procedural Safeguards
Report
Conference on OLAF and the EPPO and Annual Meeting of the European Criminal Law Associations
On 15 June 2018, Utrecht University, under the auspices of RENFORCE and with financial support from the HERCULE III Programme, organized the conference “OLAF and the EPPO in the new institutional setting for the protection of the financial interests of the EU.” Read more
Dr. András Csúri
EU
OLAF
European Public Prosectutor's Office (EPPO)
MONEYVAL: Fifth-Round Evaluation Report on Latvia
On 23 August 2018, MONEYVAL published its fifth-round evaluation report on Latvia. This evaluation round builds on previous MONEYVAL assessments by strengthening the examination of how effectively Member States prevent and combat ML, terrorism financing (TF), and proliferation. Read more
Council of Europe
Money Laundering
MONEYVAL: Annual Report for 2017
On 30 May 2018, MONEYVAL published its General Activity Report for 2017. Twenty years into its establishment, MONEYVAL keeps its major focus on evaluating its members against both a set of anti-money laundering (AML) standards and Financial Action Task Force (FATF) standards for counter-terrorist financing measures (CFT). Read more
Council of Europe
Money Laundering
GRECO: Fifth-Round Evaluation Report on Latvia
On 21 August 2018, GRECO published its fifth-round evaluation report on Latvia. The country has a fluctuating position − between less favorable and more favorable − in corruption perception surveys. Read more
Council of Europe
Corruption
GRECO: Fifth-Round Evaluation Report on Luxembourg
On 20 July 2018, GRECO has published its fifth-round evaluation report on Luxembourg. Read more
Council of Europe
Corruption
GRECO: Unsatisfactory Level of Preventing Corruption in Denmark
On 12 September 2018, GRECO placed Denmark in its non-compliance procedure, due to the lack of sufficient measures taken to prevent corruption in respect of MPs and the judiciary. Read more
Council of Europe
Corruption
Entry into Force of Protocol No. 16 to the ECHR
On 1 August 2018, Protocol No. 16 to the ECHR, which shall strengthen the dialogue between the European Court of Human Rights and the highest national courts, came into force after 10 Member States signed and ratified it. Read more
Council of Europe
Reform of the European Court of Human Rights
EU Agencies Against Trafficking in Human Beings
On 13 June 2018, ten EU Agencies signed a Joint Statement committing themselves to working together against trafficking in human beings (THB). Read more
EU
Law Enforcement Cooperation
Police Cooperation