News
News found: 2266 of 2266
Spotlight CJEU: EU’s Double Jeopardy Ban also Applies to Non-EU Citizens and Blocks Extradition to Third Countries
On 28 October 2022, the CJEU held that a Serbian (a third country national) cannot be extradited from Germany to the United States if he had already been convicted for the same acts as those in the extradition request in another EU country (here: Slovenia). Art. 54 CISA also applies to non-EU citizens and must be taken into consideration even though a bilateral extradition treaty had limited the principle ne bis in idem to judgments handed down in the requested State only. Read more
Thomas Wahl
EU
Ne bis in idem
AG: Reservation in Relation to Application of ne bis in idem Principle Incompatible with Art. 50 CFR
According to an opinion of 20 October 2022 by AG Szpunar, declarations made on the basis of Art. 55(1) CISA, which permit Member States to make exceptions from the ban of double jeopardy in Art. 54 CISA, no longer apply. They are not provided for by law and, moreover, Art. 55(1) CISA does not respect the essence of the principle ne bis in idem. The declarations should be put to rest. Read more
EU
Ne bis in idem
AG: Data Retention for the Prosecution of Copyright Offences Permitted
In a case concerning French legislation on the access of retained data for the purposes of combating copyright infringements on the internet, AG Szpunar took the view that access to civil identity data linked to IP addresses is compatible with EU law if such data are the only means to identify a suspect. Read more
EU
Data Protection
Spotlight CJEU: French Legislation on Data Retention for the Purpose of Combating Market Abuse Offences Unlawful
On 20 September 2022, the CJEU decided that French legislation providing for the general and indiscriminate retention of traffic data for the purpose of combating market abuse offences is incompatible with EU law. In addition, a national court cannot restrict the temporal effects of a declaration that national legislation providing for such retention is invalid. Read more
EU
Data Protection
ECA Gives its Opinion on Recast of Financial Regulation
In its Opinion 6/2022, the ECA welcomes several proposals made by the Commission to recast the EU's Financial Regulation. However, the auditors also raise critical points, such as the fact that the proposal does not tackle the insufficient reporting on the Commission's debt management. Read more
EU
Protection of Financial Interests
Spotlight CJEU: German Rules on Data Retention Not in Line with EU Law
On 20 September 2022, the CJEU (Grand Chamber) ruled that the German legislation on data retention is incompatible with EU law. The judges in Luxembourg reiterated that EU law precludes national legislative measures which provide, on a preventive basis, for the purposes of combating serious crime and preventing serious threats to public security, for the general and indiscriminate retention of traffic and location data. Read more
EU
Data Protection
Justice and Home Affairs Council Meeting in October 2022
On 13-14 October 2022, the Justice and Home Affairs Council met in Luxembourg. The war in Ukraine was again in the focus. Topics included the judicial responses and the fight against impunity in Ukraine, the situation of Ukrainian refugees in the EU and the implications of the war on internal security. In addition, the ministers discussed several other justice and home affairs topics. Read more
EU
Council
Council Debates Impact of Judicial Training on Rule of Law
At their meeting on 13 October 2022, the Minister of Justice of the EU Member States discussed a note from the Czech Council Presidency that deals with judicial training and its impact on access to justice in the context of the rule of law. Read more
EU
Fundamental Rights
Rule of Law
Hungary: Rule-of-Law Developments July-October 2022
This news item continues the overview of previous eucrim issues of recent rule-of-law developments in Hungary as far as they relate to European law (previous overview → eucrim 2/2022, 83-84). The overview covers the period from the second half of July until the end of October 2022. Read more
EU
Fundamental Rights
Rule of Law
Poland: Rule-of-Law Developments August-October 2022
This news item continues the overview of recent rule-of-law developments in Poland (as far as they relate to European law) since the last update in eucrim 2-2022, 82-83. Read more
EU
Fundamental Rights
Rule of Law
Guidance for National Monitoring Mechanisms at External Borders
On 14 October 2022, the Fundamental Rights Agency (FRA) published general guidance offering assistance to EU Member States in setting up independent mechanisms to monitor fundamental rights compliance at the EU's external borders. Read more
Cornelia Riehle LL.M.
EU
Fundamental Rights
Agency for Fundamental Rights (FRA)
EPPO’s Operational Activities Mid July-Mid-October 2022
This news item continues the regular overview of EPPO’s operational activities for the period from mid-July to mid-October 2022 (for previous overviews → eucrim 2/2022, 97-98; eucrim 1/2022, 17-18; and eucrim 4/2021, 210-211). Read more
EU
European Public Prosectutor's Office (EPPO)
Future Trans-Atlantic Data Privacy Framework Makes Progress
On 7 October 2022, US President Joe Biden signed an Executive Order which is another step in the EU-US efforts to establish a new Trans-Atlantic Data Privacy Framework. The Commission will now draft an adequacy decision and launch the EU's process for its adoption. Read more
EU
Data Protection
Frontex Annual Risk Analysis 2022/2023
On 7 October 2022, Frontex released its Risk Analysis for 2022/2023, a comprehensive report presenting the situation at the EU’s external borders and the future challenges for the European border management community. Read more
EU
Frontex
ECA Identified Increased Errors in EU Spending in 2021
On 13 October 2022, the ECA published its statement on the EU's general budget in 2021. It found that errors in spending from the EU budget were on the rise and issued an adverse opinion in this regard. Furthermore, it is stressed that several risks exist in relation to the EU funds made available in response to the COVID-19 pandemic and the war of aggression in Ukraine. Read more
EU
Protection of Financial Interests
Spotlight 33rd PIF Report
On 23 September 2022, the European Commission presented the 33rd annual report on the protection of the EU’s financial interests and the fight against fraud in 2021. the report stated that 11,218 cases of fraud and irregularities in total were reported. This is a bit less than in 2020. The related irregular amounts increased to €3.24 billion. Read more
EU
Protection of Financial Interests