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Spotlight Commission Proposes Artificial Intelligence Act
On 21 April 2021, the Commission tabled a proposal for a regulation laying down harmonised rules on artificial intelligence (AI). Following the Commission’s White Paper on AI from 2020 (→ eucrim 1/2020, 8-9) and in a new step aiming to turn Europe into the … Read more
Dr. Anna Pingen
EU
Artificial Intelligence (AI)
Commission
Protocol No. 15 to the ECHR Enters into Force
On 21 April 2021, Italy deposited its instrument of ratification of Protocol No. 15 amending the European Convention on Human Rights (ECHR), thereby bringing the Protocol into force for all CoE member states with effect from 1 August 2021.Protocol No. 15 adds a new … Read more
Dr. András Csúri
Council of Europe
Reform of the European Court of Human Rights
Ambiguous Position of Italian Constitutional Court on Life Imprisonment
On 15 April 2021, the Italian Constitutional Court ruled on the constitutionality of life imprisonment. The main issue concerned the possibility of granting release on licence to convicted criminals sentenced to life imprisonment for very severe offences. Read more
Human Rights Issues
Organised Crime
Commission Consults Public on New EU Police Cooperation Code
The European Commission's work on a European code for cross-border police cooperation is gaining momentum. The idea was presented for the first time in the framework of the EU Security Strategy, which was presented in July 2020 (→ eucrim 2/2020, 71-72). As part of the … Read more
Thomas Wahl
EU
Security Union
Police Cooperation
Brexit: EP Formally Approves TCA and Requests its Involvement in Implementation
On 27 April 2021, the EP consented to the EU-UK Trade and Cooperation Agreements. This formal approval paves the way for the agreement to enter into force permanently on 1 May 2021. In an accompanying resolution, the EP assesses in detail the different chapters and topics of the TCA and highlights several issues regarding future cooperation in justice and home affairs and the protection of the EU's financial interests. Read more
EU
Brexit
Commission Provides Guidance on Conflicts of Interest
On 7 April 2021, the European Commission published a guidance on the avoidance and management of conflicts of interest under the new 2018 Financial Regulation (FR). The FR, which entered into force on 2 August 2018, has strengthened the measures to protect the EU’s financial … Read more
EU
Protection of Financial Interests
German Federal Constitutional Court Paves Way for EU’s Recovery Instrument
The German Federal Constitutional Court (FCC) rejected an application for preliminary injunction against the German Act Ratifying the EU Own Resources Decision. As a consequence, the Ratifying Act can be signed by the Federal President. However, the FCC will have a closer look on the constitutionality of the EU's own resources decision at the principal proceedings. Read more
EU
Protection of Financial Interests
AG Proposes Paradigm Shift Regarding the Duty to Refer for National Last Instance Courts
AG Bobek proposed that the CJEU should revisit its case law on exceptions from the duty borne by national last-instance courts to refer questions on the interpretation of Union acts to the CJEU (Art. 267 TFEU). He proposes a new formula by means of which the duty to refer questions of interpretation to the CJEU can be established. Read more
EU
European Court of Justice (ECJ)
Working Arrangement Between EPPO and Prosecutor-General of Hungary
On 6 April 2021, a working arrangement between the EPPO and the Office of the Prosecutor-General of Hungary entered into force. It aims to facilitate the practical application of the existing legal framework for judicial cooperation in criminal matters between the EPPO and Hungary. Read more
EU
EPPO
CCPE: Opinion on the Role of Prosecutors in Emergency Situations
On 21 March 2021, the CCPE published Opinion No. 15 on “The role of public prosecutors in emergency situations, in particular when facing a pandemic.” It sheds light on the implementation of the usual tasks of prosecutors in emergency situations, their new or expanded tasks in response to such situations, the management of challenges faced by prosecutors in emergency situations, and the modalities of international cooperation during a pandemic. Read more
Council of Europe
Consultative Council of European Public Prosecutors (CCPE)
Procedural Safeguards
ECtHR: New Case Processing Strategy
The ECtHR introduced a new case management strategy that establishes a new category of “impact” cases. The new strategy aims to ensure that priority cases are identified, processed, and decided very quickly. Read more
Council of Europe
European Court of Human Rights
Human Rights Commissioner: Corruption Undermines Human Rights and Rule of Law
In a comment, Dunja Mijatović (CoE Commissioner for Human Rights) warned member states that corruption undermines trust in public institutions, hinders economic development, and has a disproportionate impact on the exercise of human rights, especially among people belonging to marginalised or disadvantaged groups. It also disproportionately impacts women, children, and people living in poverty. Read more
Council of Europe
Fundamental Rights
Rule of Law
Corruption
GRECO: Fifth Round Evaluation Report on Norway
GRECO published its fifth round evaluation report on Norway. The country’s citizens are highly satisfied with services and institutions, administrative corruption and petty bribery are almost non-existent. GRECO found, however, some corruption-related challenges, such as close networks and conflicts of interest. Read more
Council of Europe
Corruption
ECA: Deficiencies in Customs Control Hamper EU’s Financial Interests
Customs controls in the EU still considerably differ as a result of which the protection of the EU’s financial interests is hampered, the European Court of Auditors (ECA) stated in its Special Report 04/21 of 30 March 2021. Read more
EU
Protection of Financial Interests
Customs Cooperation
Spotlight FRA Report on Presumption of Innocence and Right to Be Present – More Needs to Be Done in Practice
On 31 March 2021, the EU Agency for Fundamental Rights (FRA) presented its findings on how the rights to be presumed innocent, to remain silent and to be present at trial – as specifically spelled out in Directive 2016/343 – are applied in practice. The report is based on interviews with 123 legal practitioners in nine EU Member States. The FRA report stressed that problems in implementing the EU safeguards still persist. Read more
EU
Procedural Safeguards
Commission Implementation Report on Presumption of Innocence Directive
In a report dated 31 March 2021, the Commission points out that key provisions of Directive 2016/343 on the presumption of innocence have been inadequately implemented in a number of EU Member States. Major deficiencies relate to the prohibition of public references to guilt and to the right not to incriminate oneself. Read more
EU
Procedural Safeguards