News
News found: 2070 of 2070
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
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
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
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
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
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
MONEYVAL Annual Report for 2022
On 20 June 2023, Moneyval published its annual report for 2022. The report assesses the compliance of the 33 member states and territories (subject to the Committee’s monitoring as of 31 December 2022) with international standards and developments to combat money laundering and countering the financing of terrorism (ML/CFT) in their legal and institutional frameworks. Read more
Council of Europe
Money Laundering
Terrorism
New Regulation for Cybersecurity of EU Institutions
The new Cybersecurity Regulation laying down measures for a high common level of cybersecurity at the institutions, bodies, offices, and agencies of the Union entered into force on 7 January 2024. The new legal framework follows the Commission's proposal for the Cybersecurity Regulation in March … Read more
EU
Legislation
Cybercrime
EPPO’s Operational Activities: October – mid-November 2023
This news item provides an overview of EPPO's main operational activities from 1 October to 15 November 2023. It continues the periodic reports of the last issues (→ eucrim 2/2023, 124-128) and is in reverse chronological order.15 November 2023: Within the framework of … Read more
EU
EPPO
First Formal Proceedings Launched by Commission under DSA: X Under Investigation
The Commission has opened its first formal proceedings under the DSA to assess whether X may have breached the act in areas related to risk management, content moderation, dark patterns, advertising transparency, and data access for researchers. Read more
EU
Commission
Data Protection
Spotlight AI Act: Parliament and Council Reach Provisional Agreement on World's First AI Rules
After three days of intense negotiations, the Council and the European Parliament reached a provisional agreement on the Artificial Intelligence (AI) Act. This legislation aims to ensure the safety of AI systems on the European market, respect for fundamental rights, and stimulate investment and innovation in AI in Europe. Read more
EU
Artificial Intelligence (AI)
Legislation
Council
European Parliament
Commission Proposes New Legislation to Counter Migrant Smuggling
The Commission proposed new legislation to prevent and combat migrant smuggling. The tools consist of updating the 20-year-old legislative framework (the 2002 facilitation package), strengthening the role of EU agencies, in particular Europol, and intensifying cooperation with partner countries. Read more
EU
Legislation
Commission
Trafficking in Human Beings
Operation NOXIA: Successful Cooperation between Asia and Europe
On 16 October 2023, OLAF informed of the results of Operation NOXIA that brought together European and Asian partners. The Operation targeted deep-sea containers in EU and Asian ports in a bid to prevent dangerous substances from being smuggled. It was part of ASEM (Asia-Europe … Read more
EU
OLAF