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2,720 results

Launch of European Ports Alliance 
15 February 2024 (updated 1 year, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2024
On 24 January 2024, the European Commission and the Belgian Council Presidency officially launched the European Ports Alliance and its Public Private Partnership. Strengthening the resilience of logistics hubs through a European Ports Alliance is one of the key priorities outlined first in the EU … Read more
EU Organised Crime
Enhancing the EU's Rule of Law Framework: Evaluation of the Council's Annual Dialogue Mechanism 
15 February 2024
Dr. Anna Pingen Dr. Anna Pingen in Issue 4/2023
On 12 December 2023, the Council reviewed its annual rule of law dialogue: a commitment by EU Member States to uphold and strengthen the rule of law as a foundational value of the EU. The dialogue is a structured political exercise aimed at evaluating the … Read more
EU Rule of Law Council
ECJ Clarifies GDPR Administrative Fines 
14 February 2024 (updated 2 years, 6 months ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 4/2023
In its judgments of 5 December 2023 in Case C-683/21 (Nacionalinis visuomenės sveikatos centras) and Case C-807/21 (Deutsche Wohnen), the ECJ clarified several aspects of the General Data Protection Regulation (GDPR) regarding administrative fines for data protection infringements. It follows that … Read more
EU Data Protection
EPPO and France's Treasury Cooperate in Fraud Against the RRF 
13 February 2024
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 1/2024
On 17 January 2024, the EPPO and France's Treasury, together with its Interministerial Anti-Fraud Coordination Mission (MICAF), signed a Working Arrangement to foster the detection of fraud involving the Resilience and Recovery Facility (RRF). In France, the implementation of the National Recovery and Resilience Plan … Read more
EU European Public Prosecutor's Office (EPPO) Protection of Financial Interests
Spotlight AG: EncroChat Data Can, in Principle, Be Used in Criminal Proceedings 
8 February 2024 (updated 2 years, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2023
On 26 October 2023, Advocate General (AG) Tamara Ćapeta released her opinion on the reference for a preliminary ruling with regard to the EncroChat case. In the case at issue, the Regional Court of Berlin, Germany, asked several questions as to the lawfulness of … Read more
EU European Investigation Order Law Enforcement Cooperation
EP Worries about Rule-of-Law Developements in Slovakia 
7 February 2024 (updated 10 months, 2 weeks ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 1/2024
On 17 January 2024, the European Parliament (EP) adopted a resolution in which it voiced profound concern over several Slovak government's measures that will weaken the rule of law in the country. This includes the Slovak government's intention to dissolve pivotal anti-corruption bodies, including the … Read more
EU Rule of Law European Parliament
Council: Assessment of Follow-Up to the Conference on the Future of Europe 
7 February 2024
Dr. Anna Pingen Dr. Anna Pingen in Issue 4/2023
On 7 December 2023, the General Secretariat of the Council published its assessment on the follow-up to the Conference on the Future of Europe, which concluded on 9 May 2022 (→ eucrim 2/2022, 84-85). It provided an updated assessment on the follow-up, specifically the … Read more
EU Reform of the European Union
ECJ Ruling on Right to Erasure of Biometric and Genetic Data 
2 February 2024
Dr. Anna Pingen Dr. Anna Pingen in Issue 1/2024
On 30 January 2024, the ECJ delivered its judgment in Case C-118/22 (NG) involving the Director of the National Police Directorate-General at the Bulgarian Ministry of the Interior (Direktor na Glavna direktsia "Natsionalna politsia" pri MVR – Sofia). The Court ruled … Read more
EU Data Protection
ECJ: Deficiencies in Fair Trial Protection Can Block Recognition of Custodial Sentence 
2 February 2024 (updated 2 years, 7 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2023
If there are deficiencies in the rule of law, which have an impact on the concrete criminal decision, not only extradition but also the execution of a prison sentence can be refused. This was decided by the ECJ on 9 November 2023 upon a referral by the Regional Court of Aachen (Germany). Read more
EU Fundamental Rights Transfer of Sentenced Persons
AG: Decision Granting Refugee Status Not Binding for Extradition 
2 February 2024 (updated 2 years ago)
Thomas Wahl Thomas Wahl in Issue 3/2023
A Member State is not bound by the decision of another Member State regarding the recognition of refugee status within the meaning of the Geneva Refugee Convention. This is the view taken by Advocate General (AG) Jean Richard de la Tour in his Opinion of 19 October 2023 in Case C-352/22 referred by the Higher Regional Court of Hamm, Germany. Read more
EU Judicial Cooperation
EP Remarks on 2022 PIF Report 
1 February 2024 (updated 1 year, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2024
On 18 January 2024, the EP adopted a resolution assessing the 2022 PIF Annual Report. The resolution provided remarks on the protection of the EU's financial interests for revenue and expenditure, challanges in relation to NGEU/RRF spending, the digitalisation, the anti-fraud architecture and the external dimension of protecting the EU budget. Read more
EU European Parliament Protection of Financial Interests
Spotlight ECJ: Public Prosecutor's Order to Discontinue Proceedings due to Lack of Evidence Triggers ne bis in idem Rule 
1 February 2024 (updated 2 years, 7 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2023
In its judgment in Terhelt5, the ECJ concluded that the public prosecutor's decision in one EU Member State to close criminal proceedings against a suspect due to lack of sufficient evidence can trigger the ne bis in idem principle. The judgment includes several clarifications on the condition whether a decision can be considered "finally disposed of" within the meaning of Art. 54 CISA/Art. 50 CFR. Read more
EU Ne bis in idem
Balancing Privacy and Scrutiny: GDPR in the Spotlight as Parliamentary Inquiries Unfold 
1 February 2024 (updated 2 years, 6 months ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 4/2023
In its judgment of 16 January 2024, the ECJ clarified to which extent a parliamentary inquiry committee that scrutinizes national security activities is subject to the obligation under the General Data Protection Regulation (GDPR) and to which extent compliance with the GDPR must be monitored … Read more
EU Fundamental Rights Data Protection
EP Urges Council to Criminalise Hate Speech and Hate Crime 
31 January 2024 (updated 5 months, 2 weeks ago)
Dr. Anna Pingen Dr. Anna Pingen / Thomas Wahl Thomas Wahl in Issue 1/2024
On 18 January 2024, the European Parliament (EP) adopted a resolution that calls on the Council to take a decision to include hate speech and hate crime among the list of "EU crimes" under Article 83(1) TFEU. The Commission tabled a corresponding proposal in … Read more
EU European Parliament Racism and Xenophobia
EPPO’s Operational Activities: mid-November – December 2023 
31 January 2024 (updated 2 years, 5 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2023
This news item provides an overview of EPPO's main operational activities from 16 November to 31 December 2023. It continues the periodic reports of the last issues (→ eucrim 3/2023, 247-248) and is in reverse chronological order.21 December 2023: The EPPO in Zagreb … Read more
EU European Public Prosecutor's Office (EPPO)
GC: EPPO’s Request for the Lifting of Parliamentary Immunity Not Open to Challenge 
31 January 2024 (updated 1 year, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2023
By order of 16 January 2024, the General Court dismissed Eva Kaili’s action for annulment against the request by the European Chief Prosecutor to lift her parliamentary immunity (Case T-46/23).Facts of the caseThe EPPO is conducting investigations against Greek MEP … Read more
EU European Public Prosecutor's Office (EPPO) Protection of Financial Interests Procedural Safeguards