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Moneyval: Annual Report for 2021
On 4 May 2022, MONEYVAL published its annual report for 2021. The Committee examined the measures needed to improve the fight against money laundering. It also assessed compliance with international standards and the evolution of the legal and institutional framework for the prevention of … Read more
Dr. András Csúri
Council of Europe
Money Laundering
Moneyval: Fifth Round Evaluation Report on Bulgaria
On 27 June 2022, MONEYVAL published its fifth-round evaluation report on Bulgaria. The fifth evaluation round builds on previous MONEYVAL assessments examining in a strengthened way how effectively Member States prevent and combat money laundering (ML) and terrorism financing (TF). The compliance level refers … Read more
Council of Europe
Money Laundering
GRECO: Fifth Round Evaluation Report on Serbia
On 5 July 2022, GRECO published its fifth round evaluation report on Serbia. The focus of this evaluation round is on preventing corruption and promoting integrity in central governments (top executive functions) and law enforcement agencies. The evaluation particularly tackles issues of conflicts of … Read more
Council of Europe
Corruption
ECtHR Expansion of Interim Measures Regarding Russian Military Action in Ukraine
On 1 April 2022, the ECtHR expanded previous interim measures in relation to Russia’s military action in Ukraine. After having indicated a number of interim measures to the Government of the Russian Federation in relation to the military action which commenced on 24 February 2022 in various parts of Ukraine on 1 and 4 March 2022, the ECtHR decided on further requests brought forward by Ukraine on 16 March 2022. Read more
Council of Europe
Ukraine conflict
Human Rights Issues
ECtHR: New Factsheet on Protection of Property
On 27 June 2022, the ECtHR issued a new factsheet on protection of property with an overview of its case law in this context. The ECHR enshrines the principle of the peaceful enjoyment of one’s property and makes its deprivation conditional, providing protection against unjustified … Read more
Council of Europe
European Court of Human Rights
Europol TE-SAT 2022
On 13 July 2022, Europol published its EU Terrorism Situation and Trend Report (TE-SAT) 2022. The report gives an overview of terrorism in Europe in 2021, analyses the situation regarding Jihadist, right-wing/left-wing and anarchist terrorism as well as ethno-nationalist and separatist terrorism, and provides for an outlook on potential developments. Read more
Cornelia Riehle LL.M.
EU
Europol
Terrorism
15 Member States Have Not Transposed Whistleblower’s Directive – Infringement Proceedings Continue
On 15 July 2022, the European Commission informed the public that it proceeded with infringement proceedings against 15 EU Member States for not having transposed the Directive on the protection of persons who report breaches of Union law (the “EU Whistleblower’s Directive”). The deadline for transposition ended in December 2021. Read more
Thomas Wahl
EU
Victim Protection
New Surveys on Citizens’ and Businesses’ Perception of Corruption in the EU
On 13 July 2022, the European Commission published two Eurobarometer surveys showing the public’s opinion on corruption in the EU. The surveys are important sources of information for the European Commission to further develop EU legislation and actions against corruption. Read more
EU
Corruption
EP Pleads for Strong Safeguards in Future EU-Interpol Agreement
According to MEPs, the final international agreement between the EU and Interpol must take robust measures to guarantee compliance with the principles relating to the processing of personal data, as set out in the EU data protection acquis, and the accuracy of personal data received in the context of this cooperation. Read more
EU
Police Cooperation
CJEU: Dutch Appeal System in Line with FD 2005/214
On 7 April 2022, the CJEU decided on the compatibility of the Dutch procedure to impose fines in respect of a criminal offence with Framework Decision (FD) 2005/214 on the application of the principle of mutual recognition to financial penalties. Read more
EU
Financial Penalties
Spotlight CJEU: PNR Directive Valid if Limited to the “Strictly Necessary”
In a landmark ruling of 21 June 2022, the CJEU (Grand Chamber), upheld the EU’s regime to collect and use records of travellers, provided that it is strictly interpreted in line with the EU’s fundamental rights. In addition, indiscriminate processing of the data in cases of flights carried out only within the EU is banned unless there is a threat of terrorism. In general, the passengers’ data must also be deleted after six months at the latest. Read more
EU
Fundamental Rights
Law Enforcement Cooperation
Data Protection
CJEU Clarifies Exceptions to Data Retention in Irish Case
On 5 April 2022, the CJEU added another chapter to the long history of the admissibility of data retention in the EU. In a case concerning the data retention law in Ireland, the CJEU confirmed that general and indiscriminate retention of traffic and location data relating to electronic communication is contrary to Union law even if it intends to combat serious crime. Read more
EU
Data Protection
First EPPO Case before CJEU
The first case concerning the interpretation of Regulation 2017/1939 on the establishment of the EPPO is at the CJEU. In a reference for preliminary ruling by an Austria court guidance by the CJEU is sought as to which extent judicial review can be carried out in the assisting Member State if it comes to cross-border investigations within the EPPO regime. Read more
EU
EPPO
European Investigation Order
Judicial Cooperation
ECA: Commission Should Dig Deeper to Fight Fraud in Agricultural Spending
In its Special Report 14/2022 (published on 4 July 2022), the European Court of Auditors (ECA) examined different patterns of fraud in the Common Agricultural Policy (CAP) and the appropriateness of the Commission’s responses to the fraud risks in agricultural spending. CAP is the largest … Read more
EU
Protection of Financial Interests
ECA: Internal Border Control during Pandemic Largely Unjustified
An ECA report concluded that the limitations of the legal framework hampered the Commission’s supervision of free movement restrictions imposed by the Member States during the COVID-19 pandemic in 2020/2021. Furthermore, the Commission did not exercise proper scrutiny to ensure that internal border controls complied with the Schengen legislation. Read more
EU
Fundamental Rights
Schengen
Spotlight EP’s Statement on Annual PIF Report 2020
In a resolution of 7 July 2022, the European Parliament (EP) assessed the findings of the annual report 2020 on the protection of the EU’s financial interests. MEPs stressed the need for strong controls over the EU spending under the MFF and the RRF and made several calls on the European institutions and bodies and the Member States to do more to protect the EU's taxpayers money. Read more
EU
Protection of Financial Interests