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EU-Western Balkans Ministerial Forum on Justice and Home Affairs
The annual EU-Western Balkans Ministerial Forum on Justice and Home Affairs took place in Tirana from 3-4 November 2022. The meeting was attended by the Ministers of Home Affairs and Justice of the Czech Republic (which held the Presidency of the Council of the EU … Read more
Cornelia Riehle LL.M.
EU
Area of Freedom, Security and Justice
Law Enforcement Cooperation
Spotlight Council Adopted Historic Decision on Budget Protection vis-à-vis Hungary – Conditions also for RRF Payments
On 16 December 2022, the Council decided to withhold €6.5 billion of EU funds for Hungary. It is the first Council decision applying the new conditionality mechanism which allows the EU to protects its budget if certain breaches of the rule of law by an EU Member State adversely affect the sound financial management of the EU budget. Read more
Thomas Wahl
EU
Rule of Law
Protection of Financial Interests
Granting EU Candidate Status to Bosnia and Herzegovina
At the summit of 15 December 2022, the European Council endorsed the decision to grant the status of EU candidate country to Bosnia and Herzegovina. However, before accession negotiations can formally be launched, Bosnia and Herzegovina still has to implement further reforms. This mainly … Read more
EU
Reform of the European Union
Europol Supports EPPO in Breaking up VAT Fraud Scheme
On 29 November 2022, a major VAT fraud scheme worth an estimated €2.2 billion was uncovered by the European Public Prosecutor’s Office (EPPO). The bust was supported by Europol and its European Financial and Economic Crime Centre (EFECC) as well as by law enforcement agencies … Read more
EU
Europol
Guidelines for First Responders in Child Sexual Abuse and Exploitation Cases
On 18 November 2022, Europol published the public version of a new set of Guidelines for First Responders in Child Sexual Abuse and Exploitation Cases. The guidelines are targeted at persons that, in their professional capacity, are among the first to be informed about a … Read more
EU
Europol
JHA Agencies Network Meeting
On 29 November 2022, representatives of the nine EU Agencies active in the field of freedom, security and justice convened to take stock of the main achievements in 2022, especially with regard to the ongoing efforts to support EU Member States and institutions in responding to Russia’s military aggression against Ukraine. Read more
Law Enforcement Cooperation
Council Gives Green Light for New Frontex Agreements with Western Balkans
On 18 November 2022, the Council authorised the opening of negotiations with Albania, Bosnia and Herzegovina, Montenegro, and Serbia to broaden agreements on Frontex cooperation. Read more
EU
Frontex
AG: Postponement of Surrender in Case of Serious Health Risk
According to AG Sánchez-Bordona, a serious heath risk to a person subject to surrender by means of a European Arrest Warrant may justify a postponement of surrender, but not a refusal to execute the EAW with no further justification. The executing authority is obliged to communicate with the issuing authority. Read more
EU
Fundamental Rights
European Arrest Warrant
Commission Tabled VAT Reform Package
On 8 December 2022, the Commission tabled a comprehensive legislative package for a reform of the EU’s value added tax (VAT) system. The aim is to make the EU more resilient to VAT fraud, improve revenue in VAT, and keep pace with technological advances. Read more
EU
Legislation
Tax Evasion
CJEU: Notification Obligation for Lawyer-Intermediaries under DAC 6 Invalid
On 8 December 2022, the CJEU (sitting in for the Grand Chamber) declared a provision of Directive 2011/16 invalid, according to which a lawyer must inform other intermediaries involved in a tax arrangement of his/her duty to report. Read more
EU
Fundamental Rights
Tax Evasion
CJEU Rules on Due Diligence Obligations under 4AMLD
On 17 November 2022, the CJEU delivered a judgment that interprets several provisions of the 4th Anti-Money Laundering Directive. The case concerned questions as to when enhanced due diligence measures must be taken, how information on the customer’s activities is to be obtained, and how information on the sanctions applied to obliged entities is to be published. Read more
EU
Money Laundering
70th Anniversary of EU Court of Justice
On 4 December 1952, the first members of the Court of Justice took up their duties with the mission of ensuring that "the law is observed", especially "in the interpretation and application" of the Treaties. Based in Luxembourg, the CJEU started as a single court … Read more
EU
European Court of Justice (ECJ)
Council Position on Central Pieces of AML Package
On 7 December 2022, the Council adopted its position on the Anti-Money Laundering Regulation and the new (sixth) Anti-Money Laundering Directive. The Council wishes, inter alia, to extend the scope of the AML/CFT Regulation, streamline the listing of high-risk third countries, and harmonise beneficial ownership rules. Read more
EU
Money Laundering
EU Budget for 2023 Adopted
The Council and the European Parliament (on 22 and 23 November 2022, respectively) formally approved the EU budget for 2023. In total, next year's budget amounts to €186.6 billion in commitment appropriations and €168.6 billion in payment appropriations. Read more
EU
Protection of Financial Interests
Croatia Joins Schengen Area
On 8 December 2022, the Council adopted a decision on full application of the Schengen acquis in Croatia, but blocked accession of Romania and Bulgaria into the area without internal border checks. Read more
Dr. Anna Pingen
EU
Schengen
Council
Spotlight Commission Proposes Penalisation of Violation of Restrictive Measures
On 2 December 2022, the Commission tabled a proposal for a directive on the definition of criminal offences and penalties for the violation of Union restrictive measures. It shortly comes after the Council gave green light to add the violation of restrictive measures to the list of "EU crimes" in Art. 83(1) TFEU, which empowers the EU to legislate on harmonised criminal law rules. Read more
EU
Ukraine conflict
Legislation