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ECJ Rules on Consequences of the Prosecutor's Lacking Independence for the Consent Procedure 
8 August 2023
Thomas Wahl Thomas Wahl
On 6 July 2023, the ECJ clarified the consequences to be drawn from its case law on the lacking independence of public prosecution services so that they cannot be recognised as "issuing judicial authority" within the meaning of Art. 6(1) of the Framework Decision on … Read more
EU European Arrest Warrant
ECJ Rules on Automatic Penalties for Conflict-of-Interest Situations in Leading Administrative Positions 
8 August 2023
Simon Haupt Simon Haupt
EU law does not preclude a person from being prohibited from all elective public office for three years if he / she has infringed the rules relating to conflicts of interest by holding such office. This statement was made by the ECJ in its judgement … Read more
EU Fundamental Rights Procedural Safeguards
Legislation on JIT’s Collaboration Platform Passed 
8 August 2023 (updated 2 years, 3 months ago)
Simon Haupt Simon Haupt in Issue 2/2023
The new law on collaboration platform to support the functioning of joint investigation teams was passed and published in the Official Journal of the EU in May 2023. facilitate and improve the day-to-day coordination and management of joint investigation teams (JITs). Read more
EU Legislation Law Enforcement Cooperation Police Cooperation
ECJ: Information on the Detention Grounds Must Be Prompt and Specific 
7 August 2023
Thomas Wahl Thomas Wahl
In a judgment of 25 May 2023, the ECJ clarified the applicability of Directive 2012/13 on the right to information in criminal proceedings as well as the modalities, timing and the level of detail of information, which must be given to suspects. The case concerned a reference for a preliminary ruling by the Sofia District Court, Bulgaria. Read more
EU Procedural Safeguards
German Bar Association Welcomes Proposal for Transfer of Criminal Proceedings But Sees Improvements 
7 August 2023
Thomas Wahl Thomas Wahl
There are first reactions to the Commission's proposal of April 2023 for a regulation on the transfer of proceedings in criminal matters (→ eucrim 1/2023, 40). In a statement of 12 June 2023, the German Bar Association welcomes the draft regulation in principle. … Read more
EU Judicial Cooperation
German Court Denies Extradition to UK Because of Bad Detentions 
7 August 2023 (updated 2 years, 11 months ago)
Thomas Wahl Thomas Wahl
On 10 March 2023, the Higher Regional Court of Karlsruhe (Germany) declared extradition of a person from Germany to the UK as “currently inadmissible” due to the lack of guarantees for the person’s protection of fundamental rights. Read more
EU Judicial Cooperation
Council Calls to Increase Efforts to Tackle Corruption 
7 August 2023
Simon Haupt Simon Haupt
On 4 May 2023, the Council adopted conclusions on corruption as an obstacle to development. The conclusions emphasise the increased urgency of adopting a whole-of-government approach to combatting corruption in context of the COVID-19 pandemic and the illegal war of Russia against Ukraine. In particular, … Read more
EU Council Corruption
Spotlight Commission Proposes New Anti-Corruption Directive 
3 August 2023 (updated 2 months, 4 weeks ago)
Thomas Wahl Thomas Wahl in Issue 2/2023
As part of an anti-corruption package presented on 3 May 2023, the Commission tabled a proposal for a new directive on combating corruption. It aims to update and harmonise EU rules on definitions and penalties for corruption offences to ensure high standards against the full range of corruption crimes. It also provides also for preventive measures against corruption. Read more
EU Corruption
Commission and HR Set Out EU Action against Corruption 
3 August 2023
Thomas Wahl Thomas Wahl
In a Joint Communication of 3 May 2023, the Commission and the High Representative of the Union for Foreign Affairs and Security Policy give an overview of the EU anti-corruption framework and how anti-corruption can be further mainstreamed into EU policy design. The Joint Communication is part of the anti-corruption package, which includes a proposal for a Directive to combat corruption by criminal law. Read more
EU Corruption
Spotlight Commission Proposes Comprehensive Reform of Customs Union 
2 August 2023 (updated 1 year, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2023
On 17 May 2023, the Commission put forward proposals for the most ambitious and comprehensive reform of the EU Customs Union since its establishment in 1968. The aim is that simplify customs processes and make them smarter and safer, including by means of an increased use of Artificial Intelligence, a new EU database and a new EU Customs Authority. Read more
EU Customs Cooperation
EP Recommendation on Lessons Learned from Misused Spyware 
31 July 2023
Thomas Wahl Thomas Wahl
In a recommendation of 15 June 2023, the EP sets up EU standards for the use of spyware. The recommendations endorse the conclusions drawn by the Pegasus scandal which was investigated by a respective Committee of Inquiry since May 2022. Read more
EU Fundamental Rights Data Protection
ECA: Digital Administration of EU Funds is Progressing Too Slowly 
31 July 2023
Thomas Wahl Thomas Wahl
Bodies managing EU funds still face several challenges with the use of digital tools. Such shortcomings have an impact on the effective protection of the EU’s financial interest. This is one of the main conclusions in a report presented by the European Court of Auditors … Read more
EU Protection of Financial Interests
Joint Action Days Against Cross-Border Crime 
28 July 2023
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
A weeklong operation took place at the end of June 2023, involving 12 EU and EU-associated countries in Central and South-Eastern Europe, Frontex, Eurojust, Europol and INTERPOL. The international operation led to the arrests of 108 people smugglers. It was conducted by Frontex standing corps … Read more
EU Frontex Organised Crime Trafficking in Human Beings Law Enforcement Cooperation
EP’s Amendments to the AI Act 
28 July 2023
Dr. Anna Pingen Dr. Anna Pingen
On 14 June 2023, the EP adopted its negotiating position on the EU's Artificial Intelligence Act. MEPs plead for a full ban on AI for biometric surveillance, emotion recognition, and predictive policing. Generative AI systems like ChatGPT must disclose that content was AI-generated. AI systems used to influence voters in elections should be considered high-risk. Read more
EU Artificial Intelligence (AI) European Parliament
Spain Takes Over Council Presidency 
28 July 2023
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 1 July 2023, Spain took over the Presidency of the Council of the EU. The motto is "Europe, closer", which pursues the four priorities: Reindustrialising the EU and guaranteeing its open strategic autonomy; advancing in the green transition; promoting greater social and economic justice; strengthening European unity. Read more
EU Area of Freedom, Security and Justice Council
New Trio Council Presidency 
28 July 2023
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 1 July 2023, the new trio Presidency of Council of the EU, composed of Spain, Belgium, and Hungary, started its 18-month term. In a joint programme, the three countries outlined their common priorities. Read more
EU Area of Freedom, Security and Justice Council