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2023 Saw Marked Increase in Irregular Border Crossings
With over 355,300 irregular border crossings from January to November 2023, the year 2023 witnessed a 17% increase in the number of detections of irregular border crossings, marking the highest value recorded since 2016. The largest increase was on the Western African route, the … Read more
Cornelia Riehle LL.M.
EU
Frontex
New Publication Mode for the EU Official Journal
Until 30 September 2023, the Official Journal of the European Union (OJ) was published daily and contained several documents that were published together on the respective day. On 1 October 2023, the OJ switched to a new act-by-act publication mode: each act is now … Read more
EU
Legislation
European Court of Justice (ECJ)
First Statements on Commission's Anti-corruption Proposal
In the last couple of months and weeks, the Commission proposal for a directive to combat corruption (presented in May 2023), saw several statements by European institutions and national parliaments. Although many statements welcome the objective, they have criticised the text in many respects. Read more
Thomas Wahl
EU
Corruption
Report on EU IPR Enforcement in 2022
On 27 November 2023, The European Commission (DG TAXUD) and the European Union Intellectual Property Office (EUIPO) released their annual report on the EU enforcement of intellectual property rights (IPR). The report presents the efforts made and work carried out by all authorities in the … Read more
EU
Counterfeiting & Piracy
EU Commits on International Anti-Corruption Day
On the eve of the International Anti-Corruption Day, the European Commission affirmed the EU's commitment to fight corruption in particular also at the global level. Read more
EU
Corruption
EP Proposed Amendments to EU Treaties
Following the Conference on the Future of Europe and in the context of unprecedented challenges and multiple crises, on 22 November 2023, the EP adopted a resolution on proposals for amendments of the EU Treaties. The EP also called on the European Council to set up a Convention in order to move forward with the reform process. Read more
Dr. Anna Pingen
EU
Reform of the European Union
European Parliament
Extension of Interim Regulation to Prevent and Combat Child Sexual Abuse
On 30 November 2023, the Commission proposed extending the interim regulation, allowing providers to voluntarily detect and report child sexual abuse on certain communication services. The regulation, which expires on 3 August 2024, provides a temporary legal basis until new EU rules are in place. … Read more
EU
Legislation
Commission
Launch of New Expert Group to Fight Drugs Trafficking
On 24 November 2023, as part of the European ports alliance, the European Commission launched a new strategic project group to strengthen the role of EU Customs in the fight against drug trafficking. The group consisting of customs experts will meet regularly and be tasked … Read more
EU
Organised Crime
Customs Cooperation
FCC: German Legislator Was Prohibited from Introducing Ground for Reopening Criminal Proceedings
On 31 October 2023, the German Federal Constitutional Court (FCC) declared a provision void that allowed the reopening of criminal proceedings if new evidence comes to light with regard to very severe offences. The legal basis - Section 362 no. 5 of the German Criminal Procedure Code is incompatible with the German Constitution's double jeopardy rule. Read more
EU
Ne bis in idem
ECJ Clarifies Obligation to Inform Accused Person of Reclassification of Offence
On 9 November 2023, the ECJ decided that Union law obliges a criminal court to inform the accused person of a new envisaged legal classification of the criminal act in due time (Case C-175/22, BK). Bulgarian criminal procedure law as interpreted by the Bulgarian courts conflicts with this principle. Read more
EU
Procedural Safeguards
Commission Presents Package to Prevent and Fight Migrant Smuggling
On 28 November 2023, the Commission presented a bundle of measures to reinforce the prevention and fight against migrant smuggling. A new Directive will replace the current legal framework on the facilitation of unauthorised entry, transit and stay in the EU. A new Regulation is designed to strengthen police cooperation in the fight against migrant smuggling with a central, more important role of Europol. Read more
EU
Organised Crime
Trafficking in Human Beings
Law Enforcement Cooperation
EP Ready to Discuss Proposal to Combat Child Sexual Abuse Online
At the end of November 2023, the EP adopted its negotiating position on the new EU law on the prevention and combat of child sexual abuse online. The EP advocates a better balance between the need to fight child sexual abuse online and to avoid generalised monitoring of the internet. In addition, end-to-end encrypted material should be excluded from detection. Read more
EU
Legislation
Change in EU List of Non-Cooperative Jurisdictions for Tax Purposes
The EU list of non-cooperative jurisdictions for tax purposes was updated on 17 October 2023. Three jurisdictions were added to the blacklist (Antigua and Barbuda, Belize, and Seychelles), two were moved to the "grey list" (British Virgin Islands and Costa Rica), and one country (Marshall … Read more
EU
Tax Evasion
VAT Gap Report 2023: Progress in VAT Compliance
On 24 October 2023, the Commission released the 2023 report on the VAT gap in the EU. The VAT gap refers to the difference between expected value-added tax (VAT) revenue and the actual amount collected. As VAT is an important contributor to both EU … Read more
EU
Tax Evasion
Research Team Published 2024 Report on Global Tax Evasion
On 22 October 2023, the EU Tax Observatory published a report on tax evasion, which deals with the effects of far-reaching initiatives to reduce international tax evasion. Prepared by the staff of the EU Tax Observatory, a research laboratory dedicated to international tax … Read more
EU
Tax Evasion
New Directive Amending EU Rules on Administrative Cooperation in Area of Taxation
On 24 October 2023, DAC8 was published in the Official Journal of the EU. The amendments targeting better administrative cooperation in the field of taxation aim to strengthen the fight against tax evasion, among others, by extending registration and reporting obligations and by including crypto assets into the scope of Directive 2011/16/EU. Read more
EU
Legislation
Tax Evasion