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AG: EAW Can be Refused if Proceedings Revoking Suspension Were Conducted in absentia 
21 November 2022
Thomas Wahl Thomas Wahl
According to AG Ćapeta, a European Arrest Warrant can be refused if the person concerned was absent in the proceedings revoking the suspension of the prison sentence or in the proceedings finding guilt and determining the sentence for the second offence that triggered the revocation. However, this is under the condition that no exceptional case as defined in Art. 4a(1)(a)-(d) applies in the case at issue. Read more
EU European Arrest Warrant
Spotlight EncroChat Turns into a Case for the CJEU 
18 November 2022 (updated 3 years, 5 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2022
The Regional Court of Berlin referred several questions to the CJEU on the activities of law enforcement authorities in conjunction with the cracking of the EncroChat communications service. They relate to the interpretation of the EIO Directive. The Berlin court believes that the collection of data in the EncroChat operation was unlawful and that the data cannot be used as evidence in German criminal proceedings against persons who used EncroChat for criminal activities. Read more
EU Organised Crime European Investigation Order Law Enforcement Cooperation
Spotlight CJEU: EU’s Double Jeopardy Ban also Applies to Non-EU Citizens and Blocks Extradition to Third Countries 
17 November 2022
Thomas Wahl Thomas Wahl
On 28 October 2022, the CJEU held that a Serbian (a third country national) cannot be extradited from Germany to the United States if he had already been convicted for the same acts as those in the extradition request in another EU country (here: Slovenia). Art. 54 CISA also applies to non-EU citizens and must be taken into consideration even though a bilateral extradition treaty had limited the principle ne bis in idem to judgments handed down in the requested State only. Read more
EU Ne bis in idem
AG: Reservation in Relation to Application of ne bis in idem Principle Incompatible with Art. 50 CFR 
17 November 2022 (updated 3 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2022
According to an opinion of 20 October 2022 by AG Szpunar, declarations made on the basis of Art. 55(1) CISA, which permit Member States to make exceptions from the ban of double jeopardy in Art. 54 CISA, no longer apply. They are not provided for by law and, moreover, Art. 55(1) CISA does not respect the essence of the principle ne bis in idem. The declarations should be put to rest. Read more
EU Ne bis in idem
AG: Data Retention for the Prosecution of Copyright Offences Permitted 
17 November 2022 (updated 2 years, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2022
In a case concerning French legislation on the access of retained data for the purposes of combating copyright infringements on the internet, AG Szpunar took the view that access to civil identity data linked to IP addresses is compatible with EU law if such data are the only means to identify a suspect. Read more
EU Data Protection
Spotlight CJEU: French Legislation on Data Retention for the Purpose of Combating Market Abuse Offences Unlawful 
16 November 2022
Thomas Wahl Thomas Wahl
On 20 September 2022, the CJEU decided that French legislation providing for the general and indiscriminate retention of traffic data for the purpose of combating market abuse offences is incompatible with EU law. In addition, a national court cannot restrict the temporal effects of a declaration that national legislation providing for such retention is invalid. Read more
EU Data Protection
ECA Gives its Opinion on Recast of Financial Regulation 
15 November 2022
Thomas Wahl Thomas Wahl
In its Opinion 6/2022, the ECA welcomes several proposals made by the Commission to recast the EU's Financial Regulation. However, the auditors also raise critical points, such as the fact that the proposal does not tackle the insufficient reporting on the Commission's debt management. Read more
EU Protection of Financial Interests
Spotlight CJEU: German Rules on Data Retention Not in Line with EU Law 
15 November 2022 (updated 2 years, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2022
On 20 September 2022, the CJEU (Grand Chamber) ruled that the German legislation on data retention is incompatible with EU law. The judges in Luxembourg reiterated that EU law precludes national legislative measures which provide, on a preventive basis, for the purposes of combating serious crime and preventing serious threats to public security, for the general and indiscriminate retention of traffic and location data. Read more
EU Data Protection
Justice and Home Affairs Council Meeting in October 2022 
14 November 2022
Thomas Wahl Thomas Wahl
On 13-14 October 2022, the Justice and Home Affairs Council met in Luxembourg. The war in Ukraine was again in the focus. Topics included the judicial responses and the fight against impunity in Ukraine, the situation of Ukrainian refugees in the EU and the implications of the war on internal security. In addition, the ministers discussed several other justice and home affairs topics. Read more
EU Council
Council Debates Impact of Judicial Training on Rule of Law 
14 November 2022
Thomas Wahl Thomas Wahl
At their meeting on 13 October 2022, the Minister of Justice of the EU Member States discussed a note from the Czech Council Presidency that deals with judicial training and its impact on access to justice in the context of the rule of law. Read more
EU Fundamental Rights Rule of Law
Hungary: Rule-of-Law Developments July-October 2022 
10 November 2022 (updated 3 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2022
This news item continues the overview of previous eucrim issues of recent rule-of-law developments in Hungary as far as they relate to European law (previous overview → eucrim 2/2022, 83-84). The overview covers the period from the second half of July until the end of October 2022. Read more
EU Fundamental Rights Rule of Law
Poland: Rule-of-Law Developments August-October 2022 
10 November 2022
Thomas Wahl Thomas Wahl
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 2-2022, 82-83. Read more
EU Fundamental Rights Rule of Law
Guidance for National Monitoring Mechanisms at External Borders 
2 November 2022 (updated 3 years, 10 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 14 October 2022, the Fundamental Rights Agency (FRA) published general guidance offering assistance to EU Member States in setting up independent mechanisms to monitor fundamental rights compliance at the EU's external borders. Read more
EU Fundamental Rights Agency for Fundamental Rights (FRA)
EPPO’s Operational Activities Mid July-Mid-October 2022 
31 October 2022 (updated 3 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2022
This news item continues the regular overview of EPPO’s operational activities for the period from mid-July to mid-October 2022 (for previous overviews → eucrim 2/2022, 97-98; eucrim 1/2022, 17-18; and eucrim 4/2021, 210-211). Read more
EU European Public Prosecutor's Office (EPPO)
Future Trans-Atlantic Data Privacy Framework Makes Progress 
31 October 2022 (updated 3 years, 10 months ago)
Thomas Wahl Thomas Wahl
On 7 October 2022, US President Joe Biden signed an Executive Order which is another step in the EU-US efforts to establish a new Trans-Atlantic Data Privacy Framework. The Commission will now draft an adequacy decision and launch the EU's process for its adoption. Read more
EU Data Protection
Frontex Annual Risk Analysis 2022/2023 
28 October 2022 (updated 1 year, 11 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 3/2022
On 7 October 2022, Frontex released its Risk Analysis for 2022/2023, a comprehensive report presenting the situation at the EU’s external borders and the future challenges for the European border management community. Read more
EU Frontex