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Spotlight
AG Gives Opinion on Judicial Review of EPPO's Procedural Acts
4 November 2024
(updated 1 year, 2 months ago)
Cornelia Riehle LL.M.
in Issue
3/2024
On 4 October 2024, Advocate-General Anthony Michael Collins delivered his opinion in case C-292/23 (European Public Prosecutor’s Office v I.R.O., F.J.L.R.). It is the second case before the ECJ that concerns the interpretation of Regulation 2017/1939 implementing enhanced cooperation on the establishment of …
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EU
European Public Prosecutor's Office (EPPO)
Spotlight
Recast of Financial Regulation in Force
4 November 2024
Thomas Wahl
in Issue
3/2024
Since 30 September 2024, the revised Financial Regulation applies. It lays down the principles and procedures governing the establishment, implementation and control of the EU budget. The revision aligns the rules with the multiannual financial framework 2021-2027.
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EU
Protection of Financial Interests
EPPO’s Operational Activities: July - September 2024
4 November 2024
(updated 1 year, 7 months ago)
Cornelia Riehle LL.M.
in Issue
3/2024
This news item provides an overview of the EPPO's main operational activities from 1 July 2024 to 30 September 2024. It continues the periodic reports of recent issues
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EU
European Public Prosecutor's Office (EPPO)
European Judicial Organised Crime Network Launched
4 November 2024
(updated 1 year ago)
Cornelia Riehle LL.M.
in Issue
2/2024
Figures show that 76% of criminal groups in the EU are active in two to seven countries. Their profits from illicit activities are estimated at around €139 billion annually. To enhance the fight against organised crime, a new network was launched at the beginning of …
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EU
Eurojust
Organised Crime
New Swiss Liaison Prosecutor at Eurojust
4 November 2024
(updated 1 year, 10 months ago)
Cornelia Riehle LL.M.
in Issue
2/2024
On 2 September 2024, Mr Philip Schotland took up his duties as the new Liaison Prosecutor for Switzerland at Eurojust. Prior to taking on this position, Mr Schotland served as Deputy Liaison Prosecutor (since July 2022). Before that, he was a public prosecutor in Basel-City, …
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EU
Eurojust
Spotlight
First Periodic Review of the EU–US Data Privacy Framework
31 October 2024
(updated 1 year, 8 months ago)
Dr. Anna Pingen
in Issue
3/2024
On 9 October 2024, the European Commission released a detailed report evaluating the first periodic review of the EU–US Data Privacy Framework (DPF). The review aimed to assess the implementation and operational effectiveness of the framework, which governs the protection of personal data transferred from the European Union to organisations in the United States since one year.
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EU
Data Protection
ECJ: Limiting the Interest Deduction for an Intra-group Loan Is Compatible with EU Law
31 October 2024
Thomas Wahl
in Issue
3/2024
On 4 October 2024, the ECJ ruled on the Dutch law which refuses to deduct tax on interests paid for reasons of abusive tax practices. The ECJ found that the Dutch concept is compatible with EU law if the interest paid is not at arm's length.
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EU
Tax Evasion
ECA: Achievements of Recovery and Resilience Facility at Risk
31 October 2024
(updated 1 year ago)
Thomas Wahl
in Issue
2/2024
In a special report on the Recovery and Resilience Facility (RRF), the European Court of Auditors (ECA) warned that EU Member States might not be able to draw down or absorb the funds in time and complete their planned measures before the RRF expires in August 2026. As a result, the expected economic and social benefits might not be achieved.
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EU
Protection of Financial Interests
PNR Agreement with Canada Signed
30 October 2024
(updated 1 year, 4 months ago)
Thomas Wahl
in Issue
3/2024
On 4 October 2024, the Commissioner for Migration and Home Affairs, Ylva Johansson, and the Canadian Minister of Public Safety, Democratic Institutions and Intergovernmental Affairs, Dominic Leblanc, signed a new agreement for the transfer of passenger name records (PNR) data on flights between …
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EU
Law Enforcement Cooperation
Data Protection
OLAF’s Operational Work July-September 2024
30 October 2024
(updated 1 year, 10 months ago)
Thomas Wahl
in Issue
2/2024
This news item summarises OLAF’s operational work between 1 July and 30 September 2024 in reverse chronological order. It follows the reports on operations supported by OLAF in → eucrim 1/2024, 17-18.
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EU
OLAF
Reform of CJEU Statute: Amendments to the Rules of Procedure in Force
30 October 2024
(updated 1 year, 3 months ago)
Cornelia Riehle LL.M.
in Issue
2/2024
This news item provides an overview of the amendments to the Rules of Procedure of the Court of Justice and of the General Court that entered into force on 1 September 2024. The reform package includes a new version of the Practice Directions to Parties concerning cases brought before the Court of Justice and a new version of the General Court's Practice Rules for the implementation of its Rules of Procedure.
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EU
Court of Justice of the European Union (CJEU)
Personnel Changes at the Court of Justice of the EU
29 October 2024
Cornelia Riehle LL.M.
in Issue
3/2024
In the fourth quarter of 2024, the Court of Justice of the European Union (CJEU) underwent a major change of personnel, with a number of Judges and Advocates-General reaching the end of their term of office, being re-elected, or newly appointed.At the beginning …
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EU
Court of Justice of the European Union (CJEU)
ECJ Ruled on Res Judicata Effects of Administrative Court Decision before Criminal Courts
28 October 2024
Dr. Anna Pingen
in Issue
3/2024
On 26 September 2024, the Court of Justice of the European Union (ECJ) issued a judgment in Case C-792/22 ("Energotehnica") addressing the binding force of administrative court judgements for criminal proceedings and the primacy of EU law over conflicting national court decisions.
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EU
Fundamental Rights
Rule of Law
Area of Freedom, Security and Justice
Procedural Safeguards
Victim Protection
Spotlight
ECJ Ruled on Fundamental Rights Test for Surrenders to the United Kingdom
23 October 2024
(updated 1 year, 4 months ago)
Thomas Wahl
in Issue
2/2024
On 29 July 2024, the ECJ delivered an important judgment on the conditions under which surrender of a person can be granted by a EU Member State to the United Kingdom (UK). The Court interpreted the fundamental rights clause enshrined in the Trade and Cooperation Agreement (TCA) between the European Union and the United Kingdom and held that the surrender mechanism under the TCA differs from the one provided by the EU’s Framework Decision on the European Arrest Warrant.
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EU
Fundamental Rights
Brexit
European Arrest Warrant
Judicial Cooperation
General Court Ruled on Necessary Protective Measures for Whistleblower in the EP
23 October 2024
(updated 1 year, 10 months ago)
Thomas Wahl
in Issue
2/2024
In a judgment of 11 September 2024, the General Court (GC) strengthened the rights of whistleblowers who brought to light incidents within European institutions. The GC clarified the scope of protective measures to be provided by the institution.
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EU
European Parliament
OLAF
Victim Protection
ECJ: Criminally Prosecuted Minors Must Have Lawyer’s Assistance during First Police Questioning
18 October 2024
(updated 1 year, 10 months ago)
Thomas Wahl
in Issue
2/2024
In its judgment of 5 September 2024, the ECJ ruled that several provisions of the Polish Code of Criminal Procedure and legal practices are incompatible with the rights of minors charged with a criminal offence. The Court particularly blamed the Polish police for not having guaranteed the assistance by a lawyer during the first questioning of the minor and for not having him adequately informed of his rights.
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Council of Europe
Procedural Safeguards
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