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EPPO and France's Treasury Cooperate in Fraud Against the RRF
On 17 January 2024, the EPPO and France's Treasury, together with its Interministerial Anti-Fraud Coordination Mission (MICAF), signed a Working Arrangement to foster the detection of fraud involving the Resilience and Recovery Facility (RRF). In France, the implementation of the National Recovery and Resilience Plan … Read more
Cornelia Riehle LL.M.
EU
European Public Prosectutor's Office (EPPO)
Protection of Financial Interests
Spotlight AG: EncroChat Data Can, in Principle, Be Used in Criminal Proceedings
On 26 October 2023, Advocate General (AG) Tamara Ćapeta released her opinion on the reference for a preliminary ruling with regard to the EncroChat case. In the case at issue, the Regional Court of Berlin, Germany, asked several questions as to the lawfulness of … Read more
Thomas Wahl
EU
European Investigation Order
Law Enforcement Cooperation
EP Worries about Rule-of-Law Developements in Slovakia
On 17 January 2024, the European Parliament (EP) adopted a resolution in which it voiced profound concern over several Slovak government's measures that will weaken the rule of law in the country. This includes the Slovak government's intention to dissolve pivotal anti-corruption bodies, including the … Read more
Dr. Anna Pingen
EU
Rule of Law
European Parliament
Council: Assessment of Follow-Up to the Conference on the Future of Europe
On 7 December 2023, the General Secretariat of the Council published its assessment on the follow-up to the Conference on the Future of Europe, which concluded on 9 May 2022 (→ eucrim 2/2022, 84-85). It provided an updated assessment on the follow-up, specifically the … Read more
EU
Reform of the European Union
ECJ Ruling on Right to Erasure of Biometric and Genetic Data
On 30 January 2024, the ECJ delivered its judgment in Case C-118/22 (NG) involving the Director of the National Police Directorate-General at the Bulgarian Ministry of the Interior (Direktor na Glavna direktsia "Natsionalna politsia" pri MVR – Sofia). The Court ruled … Read more
EU
Data Protection
ECJ: Deficiencies in Fair Trial Protection Can Block Recognition of Custodial Sentence
If there are deficiencies in the rule of law, which have an impact on the concrete criminal decision, not only extradition but also the execution of a prison sentence can be refused. This was decided by the ECJ on 9 November 2023 upon a referral by the Regional Court of Aachen (Germany). Read more
EU
Fundamental Rights
Transfer of Sentenced Persons
AG: Decision Granting Refugee Status Not Binding for Extradition
A Member State is not bound by the decision of another Member State regarding the recognition of refugee status within the meaning of the Geneva Refugee Convention. This is the view taken by Advocate General (AG) Jean Richard de la Tour in his Opinion of 19 October 2023 in Case C-352/22 referred by the Higher Regional Court of Hamm, Germany. Read more
EU
Judicial Cooperation
EP Remarks on 2022 PIF Report
On 18 January 2024, the EP adopted a resolution assessing the 2022 PIF Annual Report. The resolution provided remarks on the protection of the EU's financial interests for revenue and expenditure, challanges in relation to NGEU/RRF spending, the digitalisation, the anti-fraud architecture and the external dimension of protecting the EU budget. Read more
EU
European Parliament
Protection of Financial Interests
Spotlight ECJ: Public Prosecutor's Order to Discontinue Proceedings due to Lack of Evidence Triggers ne bis in idem Rule
In its judgment in Terhelt5, the ECJ concluded that the public prosecutor's decision in one EU Member State to close criminal proceedings against a suspect due to lack of sufficient evidence can trigger the ne bis in idem principle. The judgment includes several clarifications on the condition whether a decision can be considered "finally disposed of" within the meaning of Art. 54 CISA/Art. 50 CFR. Read more
EU
Ne bis in idem
Balancing Privacy and Scrutiny: GDPR in the Spotlight as Parliamentary Inquiries Unfold
In its judgment of 16 January 2024, the ECJ clarified to which extent a parliamentary inquiry committee that scrutinizes national security activities is subject to the obligation under the General Data Protection Regulation (GDPR) and to which extent compliance with the GDPR must be monitored … Read more
EU
Fundamental Rights
Data Protection
EP Urges Council to Criminalise Hate Speeh and Hate Crime
On 18 January 2024, the European Parliament (EP) adopted a resolution that calls on the Council to take a decision to include hate speech and hate crime among the list of "EU crimes" under Article 83(1) TFEU. The Commission tabled a corresponding proposal in … Read more
EU
European Parliament
Racism and Xenophobia
EPPO’s Operational Activities: mid-November – December 2023
This news item provides an overview of EPPO's main operational activities from 16 November to 31 December 2023. It continues the periodic reports of the last issues (→ eucrim 3/2023, 247-248) and is in reverse chronological order.21 December 2023: The EPPO in Zagreb … Read more
EU
European Public Prosectutor's Office (EPPO)
GC: EPPO’s Request for the Lifting of Parliamentary Immunity Not Open to Challenge
By order of 16 January 2024, the General Court dismissed Eva Kaili’s action for annulment against the request by the European Chief Prosecutor to lift her parliamentary immunity (Case T-46/23).Facts of the caseThe EPPO is conducting investigations against Greek MEP … Read more
EU
European Public Prosectutor's Office (EPPO)
Protection of Financial Interests
Procedural Safeguards
MONEYVAL: Fifth Round Evaluation Report on Romania
On 18 July 2023, MONEYVAL published its fifth round evaluation report on Romania with the following key findings. In general, the report found that Romania has taken a number of actions to strengthen its legal and institutional AML/CTF framework since the country’s last evaluation in 2014; however, these efforts only show moderate levels of effectiveness in all areas but international cooperation. Read more
Dr. András Csúri
Council of Europe
Money Laundering
Terrorism
MONEYVAL: Fifth Round Evaluation Report on North Macedonia
On 12 July 2023, MONEYVAL published the fifth round mutual evaluation report on North Macedonia. It calls for improvements particularly in the investigation and prosecution of money laundering (ML) and terrorist financing (TF) as well as the financing of proliferation (FP). According to the report, North Macedonia has strengthened its legal framework since the last mutual evaluation and laid the foundation for a sound regime to tackle ML and TF. Read more
Council of Europe
Money Laundering
Terrorism
MONEYVAL: Typologies Report on ML and TF Risks in the World of Virtual Assets
On 6 July 2023, MONEYVAL published a report on money laundering (ML) and terrorist financing (TF) risks in the world of virtual assets (VA) and their service providers (VASP) in MONEYVAL members states and territories. Read more
Council of Europe
Money Laundering
Terrorism