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25th Anniversary of the EJN
The year 2023 marks the 25th anniversary of the establishment of the European Judicial Network (EJN) in criminal matters. The EJN was set up in 1998 by the Council of the EU with the aim of assisting judicial practitioners in combating cross-border crime. Since then, … Read more
Cornelia Riehle LL.M.
EU
European Judicial Network (EJN)
Results of the Swedish Council Presidency
After the end of its Presidencey of the Council of the EU, Sweden informed about its achievements. The Swedish Presidency maintained continuous dialogue on the consequences of the Russian war in Ukraine and finalise agreements on several legislative dossiers. Read more
Area of Freedom, Security and Justice
Council
EP: Bulgaria and Romania Must Accede Schengen Area
In a resolution adopted on 12 July 2023, the European Parliament (EP) reiterated its call on the Council to approve Romania’s and Bulgaria’s accession to the Schengen area. MEPs regret that the Council rejected the countries’ accession in a decision of 8 December 2022 … Read more
Thomas Wahl
EU
Schengen
EP Grants Discharge but Raises Concerns over Attacks to EU Budget
In its decision granting discharge for the Commission, the EP reiterated its view that the weak control system for EU’s recovery funds could lead to misuse. Furthermore, the EP stressed taht EU Member States must respect rule of law to receive Union funds and called for new rules regulating NGOs’ access to EU money. Read more
EU
Protection of Financial Interests
Frontex Signs MoU with Albania
On 6 June 2023, Frontex and Albania signed a Memorandum of Understanding to strengthen their cooperation on the protection of fundamental rights in Frontex operational activities in Albania. Read more
EU
Frontex
New Information Exchange Directive under Criticism
Following the entry into force of Directive 2023/977 on the exchange of information between the law enforcement authorities of Member States (→ eucrim Spotlight of 12 July 2023), civil liberties organisation Statewatch voiced criticism over the new legislation. The NGO pointed out that “Europol's … Read more
EU
Europol
Law Enforcement Cooperation
Romania: ECJ Rules on the Independence and Impartiality of Bodies in Disciplinary Proceedings against Judges
On 11 May 2023, the ECJ ruled on the compatibility of the Romanian reform of the organisation of the judiciary that rearranged the Judicial Inspectorate and led to a concentration of powers in the hands of the Chief Inspector. The case (C-817/21, Inspecţia Judiciară … Read more
EU
Rule of Law
New Drive in the Debate on Own Resources
On 20 June 2023, the Commission adjusted and complemented its 2021 proposal to establish new own resources for the EU budget (→ eucrim 2021, 213-214). The initiative (document: COM(2023) 331) comes after the Council had not shown much willingness to proceed with the … Read more
EU
Protection of Financial Interests
EP Resolution on Lessons from the Pandora Papers
In a resolution adopted on 15 June 2023, MEPs discuss the lessons learned from the Pandora Papers and other data leaks on tax evasion schemes, and make a series of recommendations to combat tax abuse and money laundering. Read more
Dr. Anna Pingen
EU
Money Laundering
Tax Evasion
Spotlight Exchange of Information between Law Enforcement Authorities on New Footing
A new Directive establishes a modern legal basis for the exchange of information between the EU Member States' law enforcement authorities. It will repeal the 2006 "Swedish Initiative". The Directive is founded on five principles and the future exchange of law enforcement information should be effectuated via a system of Single Points of Contact. Read more
EU
Law Enforcement Cooperation
Police Cooperation
EU Reactions to Russian War against Ukraine: Overview January 2023 – June 2023
This news item continues the reporting on key EU reactions following the Russian invasion of Ukraine on 24 February 2022 in view of the impact on the EU's internal security policy, criminal law, and the protection of the EU’s financial interests. The overview covers the period from beginning of January 2023 to the end of June 2023. It connects to previous overviews, which were published in the eucrim issues of 2022. Read more
EU
Ukraine conflict
Commission Proposal for a Regulation on the Transfer of Criminal Proceedings
On 5 April 2023, the Commission presented a proposal for a Regulation on the transfer of proceedings in criminal matters between Member States. The aim of the proposal is to generate more efficient criminal proceedings as well as better administration of justice within the EU. Read more
EU
Judicial Cooperation
AG: Volkswagen Cannot Be Penalised in Italy for “Dieselgate”
According to the opinion of the AG, Volkswagen cannot be punished twice for "Dieselgate" in Italy after having paid a fine in Germany in the same context, because there has not been sufficient coordination between the penalty proceedings in both States. Read more
EU
Ne bis in idem
Spotlight ECJ: Double Prosecution of Criminal Organisation Possible
According to the ECJ, a Member State can exempt certain offences affecting its national security from the scope of the transnational ne bis in idem. This can also concern the offence of forming a criminal organisation in which the person prosecuted participated has engaged exclusively in financial crime, in so far as the action of that organisation intended to punish harm to the security or other equally essential interests of that state. Read more
EU
Ne bis in idem
ECA: Detection of Conflicts of Interests in Cohesion and Agricultural Spending Has Flaws
In a report, released on 13 March 2023, the European Court of Auditors (ECA) found loopholes in transparency and detecting situation at risk if it comes to conflicts of interests. ECA’s report focuses on how conflicts of interests as an irregularity affecting the EU budget have been addressed in agricultural and cohesion policy – the EU’s biggest spending areas. Read more
Protection of Financial Interests
ECA Calls for Simplification and Better Accountability of EU’s Complex Financial Landscape
On 1 March 2023, the European Court of Auditors (ECA) published a special report “The EU’s financial landscape – A patchwork construction requiring further simplification and accountability”. ECA auditors call for further simplification of the complex EU financial landscape and recommend making efforts for consolidation. They point out that the EU’s current financial landscape has been described by the European Parliament as a “galaxy of funds and instruments surrounding the EU budget”. Read more
Protection of Financial Interests