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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
Thomas Wahl
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
Cornelia Riehle LL.M.
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
Final Evaluation of Customs 2020 Programme
In a report on the final evaluation of the Customs 2020 programme, the Commission concluded that the programme has been effective in achieving its objectives and has contributed significantly to the improvement of the functioning and modernisation of the Customs Union. Nevertheless, some improvements are suggested. Read more
EU
Customs Cooperation
Commission Appreciates Romania’s Anti-Corruption Efforts and Closes CVM
On 22 November 2022, the Commission announced that it intends to no longer monitor Romania’s progress in judicial reforms and the fight against corruption under the Cooperation and Verification Mechanism (CVM). Monitoring will continue under the annual rule of law cycle. Read more
EU
Fundamental Rights
Rule of Law
Corruption
Follow-up to Conference on Future of Europe
On 2 December 2022, the European Parliament (EP) hosted a feedback event at which representatives from the EU institutions and over 500 citizens assessed the follow-up to the proposals agreed at the Conference on the Future of Europe in spring 2022. Read more
EU
Reform of the European Union
Council Conclusions on Cohesion Policy
In conclusions adopted on 22 November 2022, the Council stressed the importance of the protection of the EU's financial interests in spending EU money for cohesion policy. Expenditure for cohesion is traditionally the biggest part of the EU budget. Read more
EU
Protection of Financial Interests
EP Endorses Introduction of New Own Resources
In a legislative resolution of 23 November 2022, the EP paved the way for new EU revenue sources based on the Emission Trading System, the Carbon Border Adjustment Mechanism, and the OECD/G20 global corporate tax agreement. Read more
EU
Protection of Financial Interests
GRECO: Fifth Round Evaluation Report on Montenegro
On 25 October 2022, GRECO published its fifth round evaluation report on Montenegro. Overall, the report found that ublic confidence in institutions in preventing and fighting corruption should be strengthened, but a comprehensive national strategy in this area is lacking. Read more
Dr. András Csúri
Council of Europe
Corruption
EPPO-LEX – New EPPO Website
The new website EPPO-LEX (www.eppo-lex.eu) – the legal research library on the European Public Prosecutor’s Office – provides easy access to all types of legal documents concerning the EU’s new criminal law enforcement body. The website is designed to help users find their way through the complex legal framework guiding the operation of the EPPO. Read more
EU
European Public Prosectutor's Office (EPPO)
Co-Legislators Found Political Agreement on EU E-evidence Legislation
In November 2022, the European Parliament and the Council reached a provisional political agreement on the future EU legislation on obtaining e-evidence across the bloc, while civil society organisations urged the co-legislators to substantially improve the protection of fundamental rights. Read more
EU
e-Evidence
Law Enforcement Cooperation
Provisional Agreement on Law Enforcement Information Exchange Directive
On 29 November 2022, the Czech Council Presidency and the European Parliament reached a provisional agreement on the proposal for a Directive on information exchange between law enforcement authorities of Member States. Read more
EU
Police Cooperation