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JHA Agencies Network Meeting
28 December 2022
Cornelia Riehle LL.M.
On 29 November 2022, representatives of the nine EU Agencies active in the field of freedom, security and justice convened to take stock of the main achievements in 2022, especially with regard to the ongoing efforts to support EU Member States and institutions in responding to Russia’s military aggression against Ukraine.
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Law Enforcement Cooperation
Council Gives Green Light for New Frontex Agreements with Western Balkans
27 December 2022
Cornelia Riehle LL.M.
On 18 November 2022, the Council authorised the opening of negotiations with Albania, Bosnia and Herzegovina, Montenegro, and Serbia to broaden agreements on Frontex cooperation.
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EU
Frontex
AG: Postponement of Surrender in Case of Serious Health Risk
15 December 2022
(updated 3 years, 3 months ago)
Thomas Wahl
in Issue
4/2022
According to AG Sánchez-Bordona, a serious heath risk to a person subject to surrender by means of a European Arrest Warrant may justify a postponement of surrender, but not a refusal to execute the EAW with no further justification. The executing authority is obliged to communicate with the issuing authority.
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EU
Fundamental Rights
European Arrest Warrant
Commission Tabled VAT Reform Package
15 December 2022
Thomas Wahl
On 8 December 2022, the Commission tabled a comprehensive legislative package for a reform of the EU’s value added tax (VAT) system. The aim is to make the EU more resilient to VAT fraud, improve revenue in VAT, and keep pace with technological advances.
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EU
Legislation
Tax Evasion
CJEU: Notification Obligation for Lawyer-Intermediaries under DAC 6 Invalid
15 December 2022
Thomas Wahl
On 8 December 2022, the CJEU (sitting in for the Grand Chamber) declared a provision of Directive 2011/16 invalid, according to which a lawyer must inform other intermediaries involved in a tax arrangement of his/her duty to report.
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EU
Fundamental Rights
Tax Evasion
CJEU Rules on Due Diligence Obligations under 4AMLD
15 December 2022
Thomas Wahl
On 17 November 2022, the CJEU delivered a judgment that interprets several provisions of the 4th Anti-Money Laundering Directive. The case concerned questions as to when enhanced due diligence measures must be taken, how information on the customer’s activities is to be obtained, and how information on the sanctions applied to obliged entities is to be published.
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EU
Money Laundering
70th Anniversary of EU Court of Justice
15 December 2022
Cornelia Riehle LL.M.
On 4 December 1952, the first members of the Court of Justice took up their duties with the mission of ensuring that "the law is observed", especially "in the interpretation and application" of the Treaties. Based in Luxembourg, the CJEU started as a single court …
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EU
Court of Justice of the European Union (CJEU)
Council Position on Central Pieces of AML Package
14 December 2022
(updated 3 years, 2 months ago)
Thomas Wahl
in Issue
4/2022
On 7 December 2022, the Council adopted its position on the Anti-Money Laundering Regulation and the new (sixth) Anti-Money Laundering Directive. The Council wishes, inter alia, to extend the scope of the AML/CFT Regulation, streamline the listing of high-risk third countries, and harmonise beneficial ownership rules.
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EU
Money Laundering
EU Budget for 2023 Adopted
14 December 2022
Thomas Wahl
The Council and the European Parliament (on 22 and 23 November 2022, respectively) formally approved the EU budget for 2023. In total, next year's budget amounts to €186.6 billion in commitment appropriations and €168.6 billion in payment appropriations.
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EU
Protection of Financial Interests
Croatia Joins Schengen Area
14 December 2022
(updated 3 years, 2 months ago)
Dr. Anna Pingen
in Issue
4/2022
On 8 December 2022, the Council adopted a decision on full application of the Schengen acquis in Croatia, but blocked accession of Romania and Bulgaria into the area without internal border checks.
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EU
Schengen
Council
Spotlight
Commission Proposes Penalisation of Violation of Restrictive Measures
14 December 2022
(updated 3 years, 3 months ago)
Dr. Anna Pingen
in Issue
4/2022
On 2 December 2022, the Commission tabled a proposal for a directive on the definition of criminal offences and penalties for the violation of Union restrictive measures. It shortly comes after the Council gave green light to add the violation of restrictive measures to the list of "EU crimes" in Art. 83(1) TFEU, which empowers the EU to legislate on harmonised criminal law rules.
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EU
Ukraine conflict
Legislation
Final Evaluation of Customs 2020 Programme
13 December 2022
Thomas Wahl
In a report on the final evaluation of the Customs 2020 programme, the Commission concluded that the programme has been effective in achieving its objectives and has contributed significantly to the improvement of the functioning and modernisation of the Customs Union. Nevertheless, some improvements are suggested.
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EU
Customs Cooperation
Commission Appreciates Romania’s Anti-Corruption Efforts and Closes CVM
13 December 2022
(updated 2 years, 10 months ago)
Thomas Wahl
in Issue
4/2022
On 22 November 2022, the Commission announced that it intends to no longer monitor Romania’s progress in judicial reforms and the fight against corruption under the Cooperation and Verification Mechanism (CVM). Monitoring will continue under the annual rule of law cycle.
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EU
Fundamental Rights
Rule of Law
Corruption
Follow-up to Conference on Future of Europe
12 December 2022
Thomas Wahl
On 2 December 2022, the European Parliament (EP) hosted a feedback event at which representatives from the EU institutions and over 500 citizens assessed the follow-up to the proposals agreed at the Conference on the Future of Europe in spring 2022.
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EU
Reform of the European Union
Council Conclusions on Cohesion Policy
12 December 2022
(updated 2 years, 9 months ago)
Thomas Wahl
In conclusions adopted on 22 November 2022, the Council stressed the importance of the protection of the EU's financial interests in spending EU money for cohesion policy. Expenditure for cohesion is traditionally the biggest part of the EU budget.
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EU
Protection of Financial Interests
EP Endorses Introduction of New Own Resources
12 December 2022
(updated 3 years, 10 months ago)
Thomas Wahl
In a legislative resolution of 23 November 2022, the EP paved the way for new EU revenue sources based on the Emission Trading System, the Carbon Border Adjustment Mechanism, and the OECD/G20 global corporate tax agreement.
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EU
Protection of Financial Interests
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