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Civil Society Organisations Warn against UK's Participation in Prüm II
In a statement of 31 October 2023, 15 civil rights organisations from across Europe raised concerns over the United Kingdom's participation in the EU's Prüm II scheme. Prüm II is designed to expand the types of data that can be searched and exchanged by … Read more
Thomas Wahl
EU
Police Cooperation
ECJ Clarifies Assessment of "idem" Requirement
On 12 October 2023, the ECJ delivered a judgment in which it clarified the methods to asses the requirement of "same facts" under the principle ne bis in idem enshrined in Art. 54 CISA and Art. 50 CFR. Read more
EU
Ne bis in idem
Spotlight ECJ: Art. 50 of the Charter Protects Volkswagen from Further Administrative Penalties in Italy
The Italian competition and market supervisory authority can no longer impose an administrative fine on Volkswagen (VW) for the installation of inadmissible defeat devices in their diesel vehicles after VW had received and paid a fine from the public prosecutor's office in Germany in the meantime and in the same context. This was decided by the ECJ in Case C-27/22 on 14 September 2023, following Advocate General Sanchez-Bodona's opinion of 30 March 2023. Read more
EU
Ne bis in idem
Europol TE-SAT 2023
In its 2023 TE-SAT report, Europol provides a situational overview on terrorism in 2022. The report presents figures and developments within the terrorism landscape in the EU. It compiled the findings of EU Member States and Europol on trends emerging in terrorism over the year 2022. Read more
Cornelia Riehle LL.M.
EU
Europol
Terrorism
New National Member for Portugal at Eurojust
Since 8 November 2023, Mr José Luis Ferreira Trindade has been a Eurojust National Member for Portugal. Mr Trindade can look back on a long-standing career with Eurojust, where he started as Assistant to the National Member in 2016 and then became Deputy National Member … Read more
EU
Eurojust
Rule of law developments in Poland: May-October 2023
This news item continues the overview of rule-of-law developments in Poland (as far as they relate to European law) from 1 May to 31 October 2023. They follow up the overview in → eucrim 1/2023, 4-5. Read more
EU
Fundamental Rights
Rule of Law
ECJ Clarifies Rights of Suspects in the Event of Personal Search and Seizure
On 7 September 2023, the ECJ ruled on the scope of Directives 2012/13 on the right to information in criminal proceedings and (EU) 2013/48 on the right of access to a lawyer in criminal proceedings when persons are subjected to a strip search for drug possession and the seizure of illegal substances or assets. Read more
EU
Procedural Safeguards
EP Reinforced its Anti-corruption Rules
On 1 November 2023, amendments to the European Parliament's Rules of Procedure entered into force. The amendments strengthen integrity, transparency and accountability in the European Parliament (EP) as a response to the Quatargate corruption scandal. They were decided in plenary on 13 September 2023 and … Read more
EU
European Parliament
Corruption
German Lawyer Associations Voice Concerns over Commission's Anti-corruption Directive
In September 2023, the German Federal Law Society and the German Bar Association criticised the Commission's draft for a directive on combating corruption. Accordingly, the draft disregards the principles of proportionality and subsidiarity and extends civil law obligations into the area of criminal law. Read more
EU
Corruption
Spotlight E-evidence Regulation and Directive Published
After five years of negotiations, the Council and the European Parliament (EP) finally adopted the legislative acts that will introduce a new system for the gathering of electronic evidence in criminal proceedings in the EU. This Spotlight provides a summary of the key features of the new legal framework, in particular as regards the obligations for and rights of the main actors. Read more
EU
e-Evidence
Law Enforcement Cooperation
Working Arrangement between EPPO and French FIU
On 26 October 2023, the EPPO and the Financial Intelligence Unit (FIU) of France (Tracfin) signed a working arrangement (WA). The WA establishes a structured and organisational framework for the cooperation between the two bodies. In particular, the WA aims to facilitate the exchange of … Read more
EU
European Public Prosectutor's Office (EPPO)
EDPB/EDPS Joint Opinion on Proposal for a Regulation on the Establishment of the Digital Euro
The European Commission adopted a legislative package on the digital euro on 28 June 2023. It included a proposal to establish a legal framework for a possible digital euro. More specifically, the proposal establishes the framework for the European Central Bank (ECB) to issue the … Read more
Dr. Anna Pingen
EU
Data Protection
EU Reactions to Russian War against Ukraine: Overview July 2023 – September 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 July 2023 to the end of September 2023. It connects to previous overviews, which were published in the eucrim issues of 2022 and 1/2023. Read more
EU
Area of Freedom, Security and Justice
Ukraine conflict
Protection of Financial Interests
EU Commission Presents Package of Measures to Reinforce the Long-Term Budget
On 20 June 2023, the Commission proposed a targeted revision of the MFF to equip the MFF with the means to ensure that the EU can meet its legal obligations and address the most urgent priorities. Read more
EU
Protection of Financial Interests
ECtHR: Updated Guidelines on Implementation of Advisory Opinion Procedure under ECHR Protocol No. 16
On 25 September 2023, the ECtHR, sitting in for the Plenary Court (assembly of all ECtHR judges), approved an updated version of the Guidelines on the implementation of the advisory opinion procedure under Protocol No. 16 to the European Convention on Human Rights (“the Convention”). … Read more
Dr. András Csúri
Council of Europe
European Court of Human Rights
EDPB Provides Guidance on "Appropriate Safeguards" Assessment under LED
On 19 September 2023, the European Data Protection Board (EDPB) adopted guidelines on the application of Art. 37 of Directive 2016/680. The guidelines provide practitioners with clarification which conditions must be met if appropriate data protection safeguards in a third country or international organisation are assessed that would allow a data transfer from the EU for law enforcement purposes. Read more
EU
Law Enforcement Cooperation
Data Protection