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CJEU: Execution of an EAW in the Case of Judgments in Absentia
On 17 December 2020, the CJEU decided that a court executing an EAW is not entitled to refuse surrender if the issuing state does not fulfil the requirements of Directive 343/2016 on the defendant’s right to be present at trial. The sole yardstick is Art. 4a FD EAW. Read more
Thomas Wahl
EU
European Arrest Warrant
Procedural Safeguards
CJEU: General Deficiencies of Judicial Independence Do Not Justify EAW Refusal Alone
EU Member States may not impose a general ban on surrender, despite growing doubts about the independence of the Polish judiciary. The CJEU ruled on 17 December 2020 that the execution of a European Arrest Warrant (EAW) may still only be refused if the person concerned runs a real risk of being subjected to an unfair trial. Read more
EU
Fundamental Rights
European Arrest Warrant
Council Conclusions on Current Challenges and Way Forward for European Arrest Warrant
On 1 December 2020, the Council agreed on conclusions how to meet the current challenges and move forward regarding the European Arrest Warrant and extradition procedures. They set out how the effectiveness of the main instrument of judicial cooperation within the EU on the basis of the principle of mutual recognition could be improved. The conclusions deal with five main topics Read more
EU
European Arrest Warrant
CJEU Maintains Petruhhin Doctrine: Extradition of EU Citizens to Third States Only in Agreement with Member State of Nationality
In its judgment of 17 December 2020, the CJEU confirmed the case law established in the 2016 Petruhhin judgment. Extradition of EU citizens to third countries can only be established in agreement with the EU Member State of nationality. The CJEU seized, however, the obligations for the requested Member State and the Member State of nationality within the consultation procedure. Read more
EU
European Arrest Warrant
Judicial Cooperation
Follow-up to Petruhhin Doctrine: Eurojust and EJN Map Problems
At the beginning of December 2020, Eurojust and the EJN published a joint report on the extradition of EU citizens to third countries. The report identifies the main issues arising in practice with the consultation procedure that has been established by the CJEU in its 2016 Petruhhin judgement in cases where an EU Member State is faced with an extradition request from a third country concerning a citizen of another EU Member State. Read more
Cornelia Riehle LL.M.
EU
European Arrest Warrant
Judicial Cooperation
EDPB: Update of European Essential Guarantees for Surveillance Measures
On 10 November 2020, the European Data Protection Board (EDPB) adopted Recommendation 02/2020 on the European Essential Guarantees (EEG) for surveillance measures. The Recommendation updates a previous document on the justification of interferences with the fundamental rights to privacy and data protection through surveillance … Read more
EU
Data Protection
EDPB Recommendations on Folllow-Up to Schrems II Judgment
On 10 November 2020, the European Data Protection Board (EDPB) adopted recommendation 01/2020 that is designed to help controllers and processers exporting data in EU private entities or public authorities to third countries act in compliance with the CJEU’s Schrems II judgment (--> eucrim 2/2020, … Read more
EU
Data Protection
Council Conclusions on Cybersecurity of Connected Devices
On 2 December 2020, the Council approved conclusions on the cybersecurity of connected devices. The Council highlights that connected devices, including machines, sensors and networks that make up the Internet of Things (IoT) will not only play a key role in further shaping Europe’s … Read more
EU
Data Protection
Council Conclusions on Encryption
On 14 December 2020, the Council agreed on a common position on the way forward regarding the encryption of communications and access for law enforcement purposes. The Council resolution on encryption highlights the need for security through encryption and security despite encryption. It underlines the … Read more
EU
Data Protection
Commission Presents Cybersecurity Package
On 16 December 2020, the Commission published a cybersecurity package consisting of:A new EU cybersecurity strategy;A proposal for a revision of the Directive on ensuring a high level of security of network and information systems (so-called NIS Directive);A proposal for a … Read more
EU
Cybercrime
Council and EP Reach Political Agreement on Binding Rules to Fight Terrorist Content Online
On 10 December 2020, the German Council Presidency and the negotiators of the European Parliament reached a political agreement on an EU Regulation on preventing the dissemination of terrorist content onlinember 2020, the German Council Presidency and the negotiators of the European Parliament reached a political agreement on an EU Regulation on preventing the dissemination of terrorist content online. Read more
EU
Racism and Xenophobia
MEPs Call for Reform of EU List on Tax Havens
On 10 December 2020, the Economic and Monetary Affairs Committee adopted a resolution that demands a reform of the EU’s blacklisting of tax havens. Adopted by 43 votes in favour, 6 against and 5 abstentions, MEPs call the current system “confusing and ineffective”.The … Read more
EU
Tax Evasion
Tax Justice: Report Documents Global Tax Losses
On 20 November 2020, the Tax Justice Network published the State of Tax Justice 2020 report. The report is the first of its kind on tax evasion that comprehensively identifies the amount of tax revenue each nation loses every year to corporate and private … Read more
EU
Tax Evasion
EDPB Statement on EU’s Recent AML/CFT Action Plan
On 15 December 2020, the European Data Protection Board (EDPB) called on the European legislator to review the relationship between the anti-money laundering measures and the rights to privacy and data protection when it prepares new legal framework in the area of money laundering and … Read more
EU
Money Laundering
OLAF Supports Seizure of Dangerous Machine Components
On 23 November 2020, OLAF and the Italian Customs and Monopolies Agency (ADM) made public a successful blow against counterfeit mechanical components (370kg of bearings), which originated from China. Bearings are important machine elements ensuring that machineries, e.g. motor engines or electric fans, are moving … Read more
EU
OLAF
Joint Action Day “Arktos 2”
Between 16 and 25 November 2020, law enforcement authorities in the EU were able to seize, among others, 37 million illegal cigarettes, over 1.8 tons of tobacco and more than 3.5 thousand litres of illegal fuel. The seizures were carried out in the framework of … Read more
EU
OLAF
Europol
Eurojust
Frontex
Protection of Financial Interests