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News found: 2336 of 2336
AG: Unlawful Appointment of Polish Judges Does Not Justify Non-Execution of EAWs per se
According to an opinion by AG Rantos, national courts cannot refuse executing EAWs only because the appointment of Polish judges was unlawful. Courts must strictly follow the line established by the CJEU in LM. However, the recent judgment by the Polish Constitutional Tribunal that questioned the primacy of Union law may cast doubts on Poland's compatibility with essential fundamental rights and may justify refusals. Read more
Thomas Wahl
EU
Fundamental Rights
European Arrest Warrant
Procedural Safeguards
Organisations Tell E-Evidence Stories and Urge to Uphold High Level of Fundamental Rights Safeguards
Civil society organisations published a compendium of scenarios that showcase situations in which the planned e-evidence Regulation would lead to serious fundamental rights harms. Read more
EU
Fundamental Rights
e-Evidence
Law Enforcement Cooperation
CJEU: Amnesty Does Not Preclude Issuance of EAW
On 16 December 2021, the CJEU ruled that a European arrest warrant (EAW) may be issued even if the underlying criminal proceedings have been resumed after an amnesty. The case refers to criminal proceedings before a Slovak criminal court which reexamines criminal offences committed by Slovakian security officers in the 1990es. Read more
EU
European Arrest Warrant
Ne bis in idem
Spotlight AG: German, Irish and French Data Retention Rules Incompatible with EU Law
On 19 November 2021, Advocate General (AG) Campos Sánchez-Bordona published his opinion on pending cases before the CJEU that concern the question of whether national data retention regimes are compatible with EU law. The cases concern legislation in Germany, Ireland and France. According to the AG, the answers can already be inferred from the CJEU's recent case law. General and indiscriminate regimes for combating crimes cannot be justified. Read more
EU
Data Protection
CJEU Rules on Compatibility of Romanian Constitutional Court Decisions with Effective Prosecution PIF Crimes
On 21 December 2021, the CJEU (Grand Chamber) delivered its judgment on several issues of the Romanian justice reform in the area of corruption. The referring Romanian courts mainly questioned whether several decisions of the Romanian Constitutional Court are compatible with Union law. The CJEU clarified the obligations incumbent under Art. 325 TFEU and the importance of judicial independent with regard to consequences if case law of Constitutional Courts is disapplied by lower courts. Read more
EU
Fundamental Rights
Protection of Financial Interests
CCBE Concerned over Defence Rights in EPPO Proceedings
In a statement published on 10 December 2021, the Council of Bars and Law Societies of Europe (CCBE) voiced concerns over the position of the defence and procedural rights during EPPO proceedings. The CCBE identified four issues of major concern, including the lack of specific provisions on defence rights and the risks of forum shopping. Read more
EU
European Public Prosectutor's Office (EPPO)
Procedural Safeguards
DAV Position Paper on Commission’s Artificial Intelligence Act Proposal
On 25 November 2021, the German Bar Association (Deutscher Anwaltverein - DAV) published a position paper on the Proposal of the European Commission for a Regulation of the European Parliament and of the Council Laying Down Harmonised Rules on Artificial Intelligence (Artificial Intelligence Act) and … Read more
Dr. Anna Pingen
EU
CJEU: National Legislation Must Allow Third Parties to Appear as a Party in Confiscation Proceedings
In its judgement of 21 October 2021 (Joined Cases C‑845/19 and C‑863/19 - Criminal proceedings against DR and TS), the CJEU clarified specific provisions of Directive 2014/42/EU on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union. The CJEU … Read more
EU
Freezing of Assets / Confiscation
EP Increases Efforts to Counteract Strategic Lawsuits Against Public Participation (SLAPPs)
On 11 November 2021, the European Parliament adopted a resolution on strengthening democracy and media freedom and pluralism in the EU. This follows after several initiatives had called for a regulation of Strategic Lawsuits Against Public Participation (SLAPPs):- The study commissioned by the … Read more
EU
Rule of Law
Victim Protection
Pandora Papers: Parliament Calling for Investigations and Improvement of EU Blacklist of Tax Havens
On 21 October 2021, the European Parliament adopted a resolution calling for thorough investigations to be launched into any wrongdoing that took place in EU jurisdictions as revealed by the Pandora Papers. After the Pandora Papers had exposed tax avoidance on an unprecedented scale, MEPs … Read more
EU
Tax Evasion
Commission Initiative to Achieve the European Green Deal
On 17 November 2021, the Commission adopted three new initiatives in order to achieve the European Green Deal. With these initiatives, the Commission aims to curb EU-driven deforestation, facilitate intra-EU waste shipments, promote a circular economy, and tackle the export of illegal waste and … Read more
EU
Legislation
Environmental Crime
ECA Special Report on Performance-Based Financing in Cohesion Policy
On 21 October 2021, the European Court of Auditors (ECA) published its Special Report 24/2021: Performance-based financing in Cohesion policy. The 2014-2020 common provisions regulation introduced three instruments giving Member States financial incentives to strive for results and optimise their use of funding: The … Read more
EU
Protection of Financial Interests
ECA Report on Results of EU Spending Programmes
On 15 October 2021, the European Court of Auditors (ECA) published its Report on the performance of the EU budget – Status at the end of 2020. In the report, the ECA examined the results achieved by EU spending programmes financed by the EU budget, … Read more
EU
Protection of Financial Interests
New Tripartite Agreement Allowing the ECA to have More Access to EIB Data
On 11 November 2021, the European Court of Auditors (ECA), the European Investment Bank (EIB), and the European Commission signed a new tripartite agreement. It replaces an agreement from 2016 that was concluded between these three institutions. The revised tripartite agreement allows the ECA … Read more
EU
Commission
Protection of Financial Interests
European Council’s Conclusion on Digitalisation
At the summit on 22 October 2021, EU leaders discussed the EU’s digital transition and adopted conclusions on the EU’s digital policy in the forthcoming years. The European Council called for a swift examination of the Commission’s proposal for the policy programme “Path … Read more
EU
Legislation
CJEU: Surrender Provisions in TCA also Binding on Ireland
According to the CJEU, the provisions in the Withdrawal Agreement concerning the European arrest warrant regime with respect to the United Kingdom and the provision in the Trade and Cooperation Agreement between the EU and the United Kingdom concerning the new surrender mechanism are binding on Ireland. The country cannot play its opt-in card. Read more
EU
Area of Freedom, Security and Justice
European Arrest Warrant
Judicial Cooperation