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ECJ: National Prohibitions to Examine Violations of the Duty to Inform Suspects of their Right to Remain Silent Possible
EU law does not preclude national legislation which prohibits the trial court in a criminal case from raising its own motion, a breach of the obligation imposed on the competent authorities to inform suspects or accused persons promptly of their right to remain silent with a view to the annulment of the procedure. However, those suspects or accused persons must not have been deprived of a practical and effective opportunity to have access to a lawyer. Read more
EU
European Court of Justice (ECJ)
ECJ: EU Law Protecting the Union’s Financial Interests Prevails over National Fundamental Rights
In its judgment in Lin (Case C-107/23 PPU) of 24 July 2023, the ECJ clarified the obligations of Member States arising from the need to combat fraud affecting the financial interests of the Union and the need to respect fundamental rights protected by EU law and national law. Read more
EU
European Court of Justice (ECJ)
GC Rules on Liability in Case of Press Leaks of OLAF Reports
The General Court rules on the scope of the duty of diligence if OLAF reports were leaked to the press. The GC dismissed the action for non-contractual liability arguing that the duty to maintain confidentiality of OLAF reports does not include the duty to publicly condemn a leak and to put an end to the dissemination of false information. Read more
Thomas Wahl
EU
Commission
OLAF
EPPO’s Operational Activities: May – September 2023
This news item provides an overview of EPPO’s main operational activities from 1 May to 30 September 2023. It continues the periodic reports of the last issues (for the previous overview → eucrim 1/2023, 19-22). The overview is in reverse chronological order. Read more
EU
European Public Prosectutor's Office (EPPO)
Overview of Convictions in EPPO Cases: May-September 2023
This news item provides an overview of court verdicts in EPPO cases in the various participating EU Member States, as far as reported by the EPPO. It covers the period from 1 May to 31 July 2023 and continues the overview in → eucrim 1/2023, 19. Read more
EU
European Public Prosectutor's Office (EPPO)
EPPO’s Operational Activities: January-April 2023
This news item provides an overview of EPPO’s main operational activities in the first four months of 2023 (1 January-30 April 2023). It continues the periodic reports of the last issues. Read more
EU
European Public Prosectutor's Office (EPPO)
Overview of Convictions in EPPO Cases: January-April 2023
The following provides an overview of court verdicts in EPPO cases in the various participating EU Member States, as far as reported by the EPPO. It covers the period from 1 January to 30 April 2023. Read more
EU
European Public Prosectutor's Office (EPPO)
Convictions in VAT Carousel Fraud Case with Luxury Cars
German criminal courts handed down first judgments in a major EPPO case that dismantled a VAT carousel fraud ring involving luxury cars. This scheme was investigated since 2021 by the EPPO in Germany, and is estimated to have caused losses of at least €13 million. Read more
EU
European Public Prosectutor's Office (EPPO)
AG: Belgian Law Must Provide Right to an Effective Judicial Remedy against Supervisory Authority
In her opinion of 15 June 2023, AG Medina scrutinizes Belgian legislation in the field of law enforcement providing only indirect access to data subjects' rights via the supervisory data protection authority. From the perspective of EU law, what is critical is that the individual has no effective judicial remedy against the supervisory authority. Read more
Dr. Anna Pingen
EU
Fundamental Rights
Data Protection
ECJ Rules on Consequences of the Prosecutor's Lacking Independence for the Consent Procedure
On 6 July 2023, the ECJ clarified the consequences to be drawn from its case law on the lacking independence of public prosecution services so that they cannot be recognised as "issuing judicial authority" within the meaning of Art. 6(1) of the Framework Decision on … Read more
EU
European Arrest Warrant
ECJ Rules on Automatic Penalties for Conflict-of-Interest Situations in Leading Administrative Positions
EU law does not preclude a person from being prohibited from all elective public office for three years if he / she has infringed the rules relating to conflicts of interest by holding such office. This statement was made by the ECJ in its judgement … Read more
EU
Fundamental Rights
Procedural Safeguards
Legislation on JIT’s Collaboration Platform Passed
The new law on collaboration platform to support the functioning of joint investigation teams was passed and published in the Official Journal of the EU in May 2023. facilitate and improve the day-to-day coordination and management of joint investigation teams (JITs). Read more
EU
Legislation
Law Enforcement Cooperation
Police Cooperation
ECJ: Information on the Detention Grounds Must Be Prompt and Specific
In a judgment of 25 May 2023, the ECJ clarified the applicability of Directive 2012/13 on the right to information in criminal proceedings as well as the modalities, timing and the level of detail of information, which must be given to suspects. The case concerned a reference for a preliminary ruling by the Sofia District Court, Bulgaria. Read more
EU
Procedural Safeguards
German Bar Association Welcomes Proposal for Transfer of Criminal Proceedings But Sees Improvements
There are first reactions to the Commission's proposal of April 2023 for a regulation on the transfer of proceedings in criminal matters (→ eucrim 1/2023, 40). In a statement of 12 June 2023, the German Bar Association welcomes the draft regulation in principle. … Read more
EU
Judicial Cooperation
German Court Denies Extradition to UK Because of Bad Detentions
On 10 March 2023, the Higher Regional Court of Karlsruhe (Germany) declared extradition of a person from Germany to the UK as “currently inadmissible” due to the lack of guarantees for the person’s protection of fundamental rights. Read more
EU
Judicial Cooperation
Council Calls to Increase Efforts to Tackle Corruption
On 4 May 2023, the Council adopted conclusions on corruption as an obstacle to development. The conclusions emphasise the increased urgency of adopting a whole-of-government approach to combatting corruption in context of the COVID-19 pandemic and the illegal war of Russia against Ukraine. In particular, … Read more
EU
Council
Corruption