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ECtHR: New Factsheet on Protection of Property 
8 August 2022
andras_csuri_1fc5ccbce0.jpg Dr. András Csúri
On 27 June 2022, the ECtHR issued a new factsheet on protection of property with an overview of its case law in this context. The ECHR enshrines the principle of the peaceful enjoyment of one’s property and makes its deprivation conditional, providing protection against unjustified … Read more

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Council of Europe European Court of Human Rights
Europol TE-SAT 2022 
8 August 2022
Riehle_Cornelia_Neu_SW.jpg Cornelia Riehle LL.M.
On 13 July 2022, Europol published its EU Terrorism Situation and Trend Report (TE-SAT) 2022. The report gives an overview of terrorism in Europe in 2021, analyses the situation regarding Jihadist, right-wing/left-wing and anarchist terrorism as well as ethno-nationalist and separatist terrorism, and provides for an outlook on potential developments. Read more

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EU Europol Terrorism
15 Member States Have Not Transposed Whistleblower’s Directive – Infringement Proceedings Continue 
6 August 2022
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 15 July 2022, the European Commission informed the public that it proceeded with infringement proceedings against 15 EU Member States for not having transposed the Directive on the protection of persons who report breaches of Union law (the “EU Whistleblower’s Directive”). The deadline for transposition ended in December 2021. Read more

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EU Victim Protection
New Surveys on Citizens’ and Businesses’ Perception of Corruption in the EU 
6 August 2022
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 13 July 2022, the European Commission published two Eurobarometer surveys showing the public’s opinion on corruption in the EU. The surveys are important sources of information for the European Commission to further develop EU legislation and actions against corruption. Read more

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EU Corruption
EP Pleads for Strong Safeguards in Future EU-Interpol Agreement 
6 August 2022
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
According to MEPs, the final international agreement between the EU and Interpol must take robust measures to guarantee compliance with the principles relating to the processing of personal data, as set out in the EU data protection acquis, and the accuracy of personal data received in the context of this cooperation. Read more

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EU Police Cooperation
CJEU: Dutch Appeal System in Line with FD 2005/214 
5 August 2022
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 7 April 2022, the CJEU decided on the compatibility of the Dutch procedure to impose fines in respect of a criminal offence with Framework Decision (FD) 2005/214 on the application of the principle of mutual recognition to financial penalties. Read more

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EU Financial Penalties
Spotlight CJEU: PNR Directive Valid if Limited to the “Strictly Necessary” 
4 August 2022
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
In a landmark ruling of 21 June 2022, the CJEU (Grand Chamber), upheld the EU’s regime to collect and use records of travellers, provided that it is strictly interpreted in line with the EU’s fundamental rights. In addition, indiscriminate processing of the data in cases of flights carried out only within the EU is banned unless there is a threat of terrorism. In general, the passengers’ data must also be deleted after six months at the latest. Read more

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EU Fundamental Rights Law Enforcement Cooperation Data Protection
CJEU Clarifies Exceptions to Data Retention in Irish Case 
3 August 2022
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 5 April 2022, the CJEU added another chapter to the long history of the admissibility of data retention in the EU. In a case concerning the data retention law in Ireland, the CJEU confirmed that general and indiscriminate retention of traffic and location data relating to electronic communication is contrary to Union law even if it intends to combat serious crime. Read more

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EU Data Protection
First EPPO Case before CJEU 
3 August 2022
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
The first case concerning the interpretation of Regulation 2017/1939 on the establishment of the EPPO is at the CJEU. In a reference for preliminary ruling by an Austria court guidance by the CJEU is sought as to which extent judicial review can be carried out in the assisting Member State if it comes to cross-border investigations within the EPPO regime. Read more

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EU EPPO European Investigation Order
ECA: Commission Should Dig Deeper to Fight Fraud in Agricultural Spending 
2 August 2022
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
In its Special Report 14/2022 (published on 4 July 2022), the European Court of Auditors (ECA) examined different patterns of fraud in the Common Agricultural Policy (CAP) and the appropriateness of the Commission’s responses to the fraud risks in agricultural spending. CAP is the largest … Read more

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EU Protection of Financial Interests
ECA: Internal Border Control during Pandemic Largely Unjustified 
2 August 2022
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
An ECA report concluded that the limitations of the legal framework hampered the Commission’s supervision of free movement restrictions imposed by the Member States during the COVID-19 pandemic in 2020/2021. Furthermore, the Commission did not exercise proper scrutiny to ensure that internal border controls complied with the Schengen legislation. Read more

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EU Fundamental Rights Schengen
Spotlight EP’s Statement on Annual PIF Report 2020 
2 August 2022
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
In a resolution of 7 July 2022, the European Parliament (EP) assessed the findings of the annual report 2020 on the protection of the EU’s financial interests. MEPs stressed the need for strong controls over the EU spending under the MFF and the RRF and made several calls on the European institutions and bodies and the Member States to do more to protect the EU's taxpayers money. Read more

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EU Protection of Financial Interests
Hungary: Rule-of-Law Developments April-July 2022 
1 August 2022
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
This news item continues the overview in previous eucrim issues of the recent rule-of-law developments in Hungary as far as they relate to European law. Read more

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EU Rule of Law
Poland: Rule-of-Law Developments April-July 2022 
1 August 2022
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
This news item continues the overview of recent rule-of-law developments in Poland (as far as they relate to European law) since the last update in eucrim 1-2022, 5-7. Read more

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EU Rule of Law
MEPs Blame Hungary for Blocking Historic Tax Deal 
1 August 2022
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
In a resolution of 6 July 2022, the European Parliament expressed its dissatisfaction with the blocking of EU rules on global minimum effective corporate taxation for large group companies. A planned Council Directive on “ensuring a global minimum level of taxation for multinational groups … Read more

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EU Tax Evasion
Reverse Charge Mechanism Can Be Applied until 2027 
1 August 2022
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
The Council extended the application period of the optional VAT reverse charge mechanism until 31 December 2026. The respective Directive (EU) 2022/890 amending Directive 2006/112/EC entered into force on 11 June 2022. The extension became necessary since the Council has not been able to agree … Read more

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EU Tax Evasion