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Spotlight AG: Regulation on Conditionality Mechanism Is Legally Sound and Compatible with EU Treaties
The Advoate General recommend the CJEU to dismiss the actions brought by Hungary and Poland against the EU's conditionality mechanism to protect the Union budget from rule-of-law breaches. The AG sees no violation regarding the chosen legal basis, the circumvention of the Article 7 procedure and the principle of legal certainty. Read more
Thomas Wahl
EU
Rule of Law
Protection of Financial Interests
CJEU Rules on Guarantees in OLAF’s External Investigations (Case Vialto)
On 28 October 2021, the CJEU ruled in an appeal judgment (Case C-650/19 P) on the right to be heard in administrative proceedings involving several authorities. The case also raised questions in relation to the way in which OLAF carries out external investigations and, more specifically, the limits of digital forensic operations, as well as the scope of the principle of legitimate expectations. Read more
EU
OLAF
Protection of Financial Interests
Procedural Safeguards
Spotlight Commission Proposes EU Police Cooperation Code
On 8 December 2021, the European Commission published three legislative proposals introducing a “EU Police Cooperation Code.” The initiative is designed to enhance law enforcement cooperation across Member States and to give EU police officers more modern tools for information exchange. Read more
Cornelia Riehle LL.M.
EU
Police Cooperation
CEPEJ: Guidelines on Videoconferencing in Judicial Proceedings
On 1 July 2021, the European Commission for the Efficiency of Justice (CEPEJ) published guidelines on videoconferencing in judicial proceedings. They were adopted at CEPEJ’s plenary meeting on 16 and 17 June 2021. Since the beginning of the health crisis, the courts have had … Read more
Dr. András Csúri
European Commission for the efficiency of justice (CEPEJ)
ECtHR: Judicial Reform in Ukraine Seriously Undermined Independence of the Judiciary
Following judicial reforms in Ukraine, the ECtHR dealt with the independence of the Ukrainian judiciary in a chamber judgment in the case of Gumenyuk and others v. Ukraine on 22 July 2021. The case concerned eight judges of the former Supreme Court of Ukraine, elected … Read more
Council of Europe
Human Rights Issues
ECtHR: Disciplinary Chamber of the Polish Supreme Court in Breach of the ECHR
On 22 July 2021, the ECtHR held in a chamber judgment in Reczkowicz v. Poland that the Disciplinary Chamber of the Polish Supreme Court is not a tribunal established by law within the meaning of the ECHR. The case is one of 38 applications against … Read more
Council of Europe
Human Rights Issues
ECtHR: Right of Access to a Court in Respect of Administrative Decisions
On 20 July 2021, the ECtHR held in a chamber judgment in Loquifer v. Belgium that the right of access to a court (Art. 6 § 1 ECHR) in respect of administrative decisions implies the possibility of remedy by a judicial body. The case involved … Read more
Council of Europe
Human Rights Issues
New Factsheet on ECtHR Case Law on Independence of Justice
On 28 July 2021, the ECtHR published a new factsheet on the independence of justice systems (available in English and French). The cases are broken down as follows:Key aspects of independence and the right to a fair trial;Independence criteria for a “tribunal … Read more
Council of Europe
Human Rights Issues
ECtHR: New Website for Applicants
The European Court of Human Rights (ECtHR) has launched a new website for applicants. It is available in all official languages of the CoE Member States. The site clearly explains the formalities of the application process, the admissibility requirements, and the procedure before the … Read more
EU
Human Rights Issues
Protocol No. 15 to ECHR Enters into Force
On 1 August 2021, Protocol No. 15 (adopted in 2013) amending the ECHR, entered into force. The Protocol amends the Preamble to the Convention, which now includes a reference to the subsidiarity principle and to the margin of appreciation doctrine (→eucrim 1/2021 p.39). … Read more
Council of Europe
Human Rights Issues
Commission: 6th Evaluation of Code of Conduct on Countering Illegal Hate Speech Online
On 7 October 2021, the European Commission released the results of its sixth evaluation of the Code of Conduct on countering illegal hate speech online. Since the introduction of the Code of Conduct on countering illegal hate speech online on 31 May 2016 (→ … Read more
Dr. Anna Pingen
Racism and Xenophobia
CJEU Rules on Obligation to Carry a Valid Identity Card when Traveling to Another Member State
On 6 October 2021, the CJEU decided that a Member State may require its nationals, on pain of sanctions, to carry a valid identity card or passport when travelling to another Member State, irrespective of the means of transport used and the route. In the … Read more
Schengen
European Court of Justice (ECJ)
AG: Reintroduction of Internal Border Checks for Longer than Six Months
On 6 October 2021, Advocate General (AG) Saugmandsgaard Øe presented his opinion in Joined Cases C-368/20 and C-369/20. According to the AG, “a Member State faced with persistent serious threats to public policy or internal security may reintroduce controls at its internal borders for … Read more
Schengen
European Court of Justice (ECJ)
EDPS Opinion on the Commission’s Proposed Regulation for a Stronger and More Resilient Schengen Area
On 27 July 2021, the European Data Protection Supervisor (EDPS) published his Opinion on the European Commission’s proposal for a “Council regulation on the establishment and operation of an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing Regulation (EU) … Read more
Schengen
Study on Biometric Recognition and Behavioural Detection
In August 2021, a study assessing the ethical aspects of biometric recognition and behavioural detection techniques with a focus on their current and future use in public spaces was released. The study was commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional … Read more
Artificial Intelligence (AI)
Legislation
EP Resolution on AI in Criminal Law and Policing
On 6 October 2021, the European Parliament (EP) adopted a resolution regarding artificial intelligence (AI) in criminal law and its use by the police and judicial authorities in criminal matters. The resolution was adopted by 377 to 248 votes with 62 abstentions.According to the … Read more
Artificial Intelligence (AI)
Legislation