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Spotlight Federal Constitutional Court Calls for German Courts to Consult CJEU on Detention Conditions 
6 June 2018 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2018
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 
6 June 2018 (updated 3 years, 8 months ago)
Thomas Wahl 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’s landmark … Read more
EU Court of Justice of the European Union (CJEU) European Arrest Warrant
Irish High Court Questions Fair Trial Guarantee in Poland after Surrender 
6 June 2018 (updated 7 years, 10 months ago)
Alexander Oppers Alexander Oppers
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 
6 June 2018 (updated 7 years, 4 months ago)
Thomas Wahl 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
EU Court of Justice of the European Union (CJEU) European Arrest Warrant
CJEU Interprets Refusal Ground of Trials in absentia in the Context of Revocation of Suspended Convictions 
6 June 2018 (updated 7 years, 4 months ago)
Thomas Wahl Thomas Wahl
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 Court of Justice of the European Union (CJEU) European Arrest Warrant
Draft Regulation on Mutual Recognition of Confiscation and Freezing Orders Passes First Review in the EP 
6 June 2018
Thomas Wahl 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 … Read more
EU Freezing of Assets / Confiscation
CJEU: Acquittal in Criminal Proceedings Can Block Administrative Fines 
6 June 2018 (updated 8 years, 4 months ago)
Alexander Oppers Alexander Oppers / Thomas Wahl Thomas Wahl
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 
6 June 2018 (updated 8 years, 4 months ago)
Alexander Oppers Alexander Oppers / Thomas Wahl 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 which … Read more
EU Ne bis in idem
CJEU: Criminal Penalty in Addition to Penalty in Tax Proceedings to Combat VAT Fraud Possible 
6 June 2018 (updated 4 years, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2018
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 Court of Justice of the European Union (CJEU) Protection of Financial Interests Ne bis in idem
CJEU Delivers Leading Judgments on Combination of Administrative and Criminal Penalties 
6 June 2018 (updated 2 years, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2018
On 20 March 2018, the CJEU delivered three judgments that addressed a fundamental question in relation to the ne bis in idem principle as set out in Article 50 CFR, namely whether it is possible to combine administrative and criminal proceedings/penalties.Art. 50 of the … Read more
EU Ne bis in idem
European Data Protection Day – EU Enters Into New Era in 2018 
6 June 2018 (updated 8 years, 3 months ago)
Thomas Wahl Thomas Wahl
28 January marks European Data Protection Day. In a joint statement in advance year’s (published on 26 January 2018), four Commissioners stressed that 2018 is going to be a landmark year for data protection in Europe. They mainly referred to the General Data Protection Regulation … Read more
EU Data Protection
Commission Prepares for Effective Implementation of New EU Data Protection Legislation 
6 June 2018 (updated 8 years, 3 months ago)
Thomas Wahl 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
EU Data Protection
Partial Success for Schrems’ Campaign Against Facebook 
6 June 2018
Thomas Wahl Thomas Wahl
On 25 January 2018, the CJEU decided on the place of jurisdiction in a case of alleged privacy violations and the question of whether a class action is possible against social media companies (Case C-498/16).The background of the case is a … Read more
EU Court of Justice of the European Union (CJEU)
JHA Council Gives Guidance on Legislative Proposal for Interoperability 
6 June 2018 (updated 7 years, 10 months ago)
Thomas Wahl 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 … Read more
EU Law Enforcement Cooperation Data Protection
Urban Security: Networks in the Fight Against Terrorism 
6 June 2018
Alexander Oppers Alexander Oppers
On 8 March 2018, the Commission and the Committee of the Regions issued a joint statement at the EU Mayors’ Conference. The statement highlights the need for cooperation at all levels of government and with private stakeholders in the fight against global terrorism. Of … Read more
EU Racism and Xenophobia Terrorism
Commission Recommendation on the Handling of illegal Internet Content 
6 June 2018
Alexander Oppers 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 … Read more
EU Racism and Xenophobia