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New National Member for Slovakia at Eurojust
At the end of 20 January 2025, Mr Branislav Boháčik started his five-year term as National Member for Slovakia at Eurojust, succeeding Mr Ladislav Hamran, former National Member for Slovakia and President of Eurojust. Prior to joining Eurojust, Mr Boháčik worked as a judicial cybercrime … Read more
Cornelia Riehle LL.M.
EU
Eurojust
EU Supranational Measures in MONEYVAL 5th Round Mutual Evaluation Report
On 20 December 2024, MONEYVAL published the findings of a horizontal study that has analysed how EU supra-national legislation, mechanisms and other initiatives have been considered and weighted in MONEYVAL’s 5th round assessments. The study emphasised that more than a third of MONEYVAL member countries … Read more
Thomas Wahl
Council of Europe
Money Laundering
Spotlight New Legal Framework on Collection and Transmission of Advance Passenger Information for Law Enforcement Purposes
On 8 January 2025, the new legal EU framework on the collection and transfer of advance passenger information (API) for border control and law enforcement purposes was published in the EU's Official Journal. The legislative package consists of two regulations - one for purposes of border control, another one for law enforcement purposes. Read more
EU
Area of Freedom, Security and Justice
Law Enforcement Cooperation
Data Protection
ECJ Ruled on Right to New Trial if Suspect Absconds
In its judgment of 17 January 2025 in Case C-644/23 (IR II or Stangalov), the ECJ explained the extent to which the conditions for conducting proceedings in absentia within the meaning of Directive 2016/343 are met. Specifically, the issue is the compatibility of provisions of the Bulgarian Code of Criminal Procedure with Articles 8 and 9 of the Directive. Read more
EU
Procedural Safeguards
ECJ Rules on Conditions for in absentia Judgments
In its judgment of 16 January 2025, the ECJ ruled on the compatibility of national provisions with the requirements for criminal proceedings in absentia set out in EU Directive 2016/343. Specifically, the judgment concerns the compatibility of the provisions in the Bulgarian Code of Criminal Procedure regarding the possibility of conducting criminal proceedings in the absence of the defendant (Case C-400/23, VB II). Read more
EU
Procedural Safeguards
Spotlight Regulation on the Transfer of Criminal Proceedings Published
This news item summarises the main elements of another piece of EU legislation that seeks to enhance judicial cooperation within the common area of freedom, security and justice: Regulation (EU) 2024/3011, adopted by the European Parliament and the Council on 27 November 2024, lays down rules on the transfer of criminal proceedings between the Member States with a view to improving the efficient and proper administration of justice. Read more
EU
Judicial Cooperation
Council of Europe Publishes Aid for AI Impact Assessments
On 2 December 2024, the Council of Europe presented the "HUDERIA Methodology". This document provides guidance for both public and private entities to carry out risk and impact assessments for artificial intelligence (AI) systems from the point of view of human rights, democracy, … Read more
Council of Europe
Artificial Intelligence (AI)
Human Rights Issues
ECJ Ruled on Material Scope of EIO Directive
On 9 January 2025, the ECJ rendered a judgment on the material scope of Directive 201/41/EU regarding the European Investigation Order. The ECJ interpreted the concept of "investigative measure" in the context of a Spanish request to serve an indictment to an accused person. Read more
EU
European Investigation Order
Directive on Ship-Source Pollution Amended
Directive 2005/35/EC as regards ship-source pollution and on the introduction of administrative penalties for infringements was amended by a new Directive published on 16 December 2024. The Directive updates the 2005 legal framework and incorporates into Union law international standards on illegal discharges from ships at sea. It also aims to ensure that those responsible for such discharges are subject to dissuasive, effective and proportionate sanctions. Read more
EU
Environmental Crime
EU Strengthened Cybersecurity with New Legislative Measures
The European Parliament and the Council adopted two new laws under the cybersecurity legislative package to bolster the EU's ability to detect, prepare for, and respond to cyber threats and incidents:The Cyber Solidarity Act (Regulation 2025/38);The targeted amendment to the Cybersecurity Act (CSA) … Read more
Dr. Anna Pingen
EU
Security Union
Legislation
Cybercrime
Spotlight High Level Group Recommendations on Law Enforcement Data Access
This news item summarises the recommendations and major conclusions of the High-Level Group on access to data for effective law enforcement. It also reports on the controversies the report triggered with data protection experts and civil society organisations. Read more
EU
Fundamental Rights
Area of Freedom, Security and Justice
Digital Space Regulation
Law Enforcement Cooperation
FASTER Directive on Excess Withholding Taxes Published
On 10 January 2025, Council Directive (EU) 2025/50 on faster and safer relief of excess withholding taxes was published in the EU's Official Journal L, 2025/50. The new rules make withholding tax procedures in the EU more efficient, secure and simplified for investors, financial intermediaries … Read more
EU
Tax Evasion
OLAF’s Operational Work July-December 2024
This news item summarises OLAF’s operational work in the second half of 2024 in reverse chronological order. It follows the reports on operations supported by OLAF in the first half of 2024 published in → eucrim 1/2024, 17-18. Read more
EU
OLAF
Customs Cooperation
ECA Report: Still Gaps in Fight against Harmful Tax Regimes
According to a special report by the ECA, the EU has strengthened defence measures against harmful tax regimes and corporate tax avoidance, but has not closed all the gaps. The Commission and the Member States failed to monitor the implementation of adequate measures to fight the problem of tax avoidance by aggressive tax plannings. Read more
EU
Tax Evasion
German Federal Constitutional Court: Use of EncroChat Data in Criminal Proceedings Admissible
On 1 November 2024, the German Federal Constitutional Court rejected a constitutional complaint against a criminal conviction for dealing in narcotics in a non-negligible quantity, which was based on the use of EncroChat data as evidence. The Federal Constitutional Court in essence backed the case law of the Federal Court of Justice which sees no exclusionary rule in the use of said data which were gathered by French law enforcement authorities via the use of mass surveillance technology. Read more
EU
Fundamental Rights
Organised Crime
European Investigation Order
Law Enforcement Cooperation
Data Protection
GRECO: 5th Round Evaluation Report on San Marino
On 2 December 2024, GRECO published its 5th Round Evaluation Report on San Marino. GRECO evaluated the effectiveness of the framework in place in San Marino to prevent corruption among persons with top executive functions ("PTEFs", i.e. members of the Congress of State, Heads … Read more
Council of Europe
Corruption