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EU Activated Next Generation Project 
11 November 2021 (updated 1 year, 11 months ago)
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl in Issue 3/2021
Between August and September 2021, Union institutions made the Next Generation EU (NGEU) operational. The NGEU is the EU’s economic recovery instrument in order to overcome the adverse impacts of the COVID-19 pandemic. The NGEU fund will operate from 2021-2023 and tied with the EU’s … Read more
EU Fundamental Rights Protection of Financial Interests
Hungary: Rule-of-Law Developments July – Mid-October 2021 
11 November 2021 (updated 2 years, 2 months ago)
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl in Issue 3/2021
This news item continues updates in previous eucrim issues on rule-of-law developments in Hungary (as far as they relate to European law). For the last overview → eucrim 2/2021, 72-73 with further references to previous reports. Read more
EU Fundamental Rights Rule of Law
Poland: Rule-of-Law Issues July – Mid-October 2021 
11 November 2021 (updated 2 years, 2 months ago)
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl in Issue 3/2021
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 issue 2/2021, 71-72. Read more
EU Fundamental Rights Rule of Law
CJEU: Union Law Does Not Preclude Criminalisation of Self-Laundering 
26 October 2021
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 2 September 2021, the CJEU decided that EU law (i.e. Directive 2005/60/EC) does not preclude national legislation that provides that the offence of money laundering can also be committed by the perpetrator of the predicate offence, i.e. the criminal activity from which the money concerned was derived. As a result, the CJEU follows the opinion of AG Hogan in this case. Read more
EU Money Laundering
CJEU Clarifies Duty to Refer for National Last Instance Courts 
26 October 2021
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 6 October 2021, the CJEU handed down a judgment, in which it clarifies its case law in Cilifit under which conditions national last instance courts may refrain from making a reference for a preliminary ruling. The Grand Chamber judgment reasserts the three situations in which national courts or tribunals of last instance are not subject to the obligation to make a reference for a preliminary ruling – an obligation laid down in Art. 267 TFEU. Read more
EU European Court of Justice (ECJ)
Negotiations on E-Evidence Legislation: State of Play 
26 October 2021 (updated 2 years, 2 months ago)
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl in Issue 3/2021
This news items summarises the current state of play of negotiations on the planned e-evidence Regulation. Despite the very opposing starting points of the co-legislators, a compromise text could be reached on several issues. Read more
EU Law Enforcement Cooperation
CJEU: Hungarian Court Must Enforce Austrian Fine for Refusal to Name Driver 
26 October 2021
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
In a judgment of 6 October 2021, the CJEU ruled on the question of the extent to which an executing authority may challenge the legal classification of an offence by the issuing authority in a category where double criminality is no longer to be examined. Read more
EU Financial Penalties Judicial Cooperation
Commission and Council Discuss Way Forward on Pre-Trial Detention and Detention Conditions 
22 October 2021 (updated 1 year, 2 months ago)
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl in Issue 3/2021
On 7 October 2021, the Justice Ministers of the EU Member States discussed the need for action on pre-trial detention and detention conditions in the EU. The discussion was based on a non-paper by the European Commission of 24 September 2021. Read more
EU European Arrest Warrant Procedural Safeguards
CJEU: Public Prosecutor Executing EIO Cannot Request Preliminary Ruling 
21 October 2021 (updated 8 months, 2 weeks ago)
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl in Issue 2/2021
On 2 September 2021, the CJEU declared the request for a preliminary ruling by the Public Prosecutor’s Office of Trento, Italy inadmissible. The question of whether a German tax authority can issue EIOs without validation remains unanswered. Read more
EU European Investigation Order
Slovenian Presidency: State of Play of Legislative JHA Items 
21 October 2021
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
At the meeting of the Justice and Home Affairs Ministers of the EU Member States on 7 October 2021, the Slovenian Council Presidency presented an overview of the state of play of current legislative dossiers in the fields of security and criminal/civil justice. Read more
EU Area of Freedom, Security and Justice Council
EP Suggests New Framework on Harmful Tax Practices 
21 October 2021
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 7 October 2021, the European Parliament adopted a resolution that calls for a reform of the EU policy on harmful tax practices. The resolution makes several recommendations for the future EU work on harmful tax practices. The EP makes a concrete proposal for for a “Framework on Aggressive Tax Arrangements and Low Rates”, which would replace a current soft law instrument on business taxation. Read more
EU Tax Evasion
EPPO: Successful German-Austrian Operation against Controversial Mask Deal 
20 October 2021
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
EPPO investigations into COVID-19-related frauds become increasingly important. On 29/30 September 2021, the EPPO conducted searches in Austria as part of a cross-border investigations into customs fraud in relation to the import of FFP2 masks from China to the EU. The investigations are led by … Read more
EU EPPO
EU Chief Prosecutor: EPPO Is Understaffed 
19 October 2021
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
In a discussion with MEPs of the Budgetary Control Committee on 1 October 2021, European Chief Prosecutor Laura Kövesi stressed the staff shortages, which prevent the EPPO from effectively fulfilling its duties. Kövesi reported on the first results of EPPO’s activities since its operational … Read more
EU EPPO
General Court Defines Conditions for Public Access to OLAF Final Report 
12 October 2021
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 1 September 2021, the General Court annulled the decision of the European Anti-Fraud Office (OLAF) not to grant (partial) access to its final investigation report. Read more
EU OLAF