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ECtHR: Right of Access to a Court in Respect of Administrative Decisions
On 20 July 2021, the ECtHR held in a chamber judgment in Loquifer v. Belgium that the right of access to a court (Art. 6 § 1 ECHR) in respect of administrative decisions implies the possibility of remedy by a judicial body. The case involved … Read more
Dr. András Csúri
Council of Europe
Human Rights Issues
New Factsheet on ECtHR Case Law on Independence of Justice
On 28 July 2021, the ECtHR published a new factsheet on the independence of justice systems (available in English and French). The cases are broken down as follows:Key aspects of independence and the right to a fair trial;Independence criteria for a “tribunal … Read more
Council of Europe
Human Rights Issues
ECtHR: New Website for Applicants
The European Court of Human Rights (ECtHR) has launched a new website for applicants. It is available in all official languages of the CoE Member States. The site clearly explains the formalities of the application process, the admissibility requirements, and the procedure before the … Read more
EU
Human Rights Issues
Protocol No. 15 to ECHR Enters into Force
On 1 August 2021, Protocol No. 15 (adopted in 2013) amending the ECHR, entered into force. The Protocol amends the Preamble to the Convention, which now includes a reference to the subsidiarity principle and to the margin of appreciation doctrine (→eucrim 1/2021 p.39). … Read more
Council of Europe
Human Rights Issues
Commission: 6th Evaluation of Code of Conduct on Countering Illegal Hate Speech Online
On 7 October 2021, the European Commission released the results of its sixth evaluation of the Code of Conduct on countering illegal hate speech online. Since the introduction of the Code of Conduct on countering illegal hate speech online on 31 May 2016 (→ … Read more
Dr. Anna Pingen
Racism and Xenophobia
CJEU Rules on Obligation to Carry a Valid Identity Card when Traveling to Another Member State
On 6 October 2021, the CJEU decided that a Member State may require its nationals, on pain of sanctions, to carry a valid identity card or passport when travelling to another Member State, irrespective of the means of transport used and the route. In the … Read more
Schengen
Court of Justice of the European Union (CJEU)
AG: Reintroduction of Internal Border Checks for Longer than Six Months
On 6 October 2021, Advocate General (AG) Saugmandsgaard Øe presented his opinion in Joined Cases C-368/20 and C-369/20. According to the AG, “a Member State faced with persistent serious threats to public policy or internal security may reintroduce controls at its internal borders for … Read more
Schengen
Court of Justice of the European Union (CJEU)
EDPS Opinion on the Commission’s Proposed Regulation for a Stronger and More Resilient Schengen Area
On 27 July 2021, the European Data Protection Supervisor (EDPS) published his Opinion on the European Commission’s proposal for a “Council regulation on the establishment and operation of an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing Regulation (EU) … Read more
Schengen
Study on Biometric Recognition and Behavioural Detection
In August 2021, a study assessing the ethical aspects of biometric recognition and behavioural detection techniques with a focus on their current and future use in public spaces was released. The study was commissioned by the European Parliament’s Policy Department for Citizens’ Rights and … Read more
Artificial Intelligence (AI)
Legislation
EP Resolution on AI in Criminal Law and Policing
On 6 October 2021, the European Parliament (EP) adopted a resolution regarding artificial intelligence (AI) in criminal law and its use by the police and judicial authorities in criminal matters. The resolution was adopted by 377 to 248 votes with 62 abstentions.According to the … Read more
Artificial Intelligence (AI)
Legislation
First Report from Frontex’s Fundamental Rights Office
On 27 August 2021, Frontex published its first Annual Report on the activities of its Fundamental Rights Office (FRO) and its Fundamental Rights Officer in 2020. The report gives a situational overview of migration data and fundamental rights at the EU’s borders. It looks at … Read more
Cornelia Riehle LL.M.
Fundamental Rights
Frontex
Budget for Frontex Partly Frozen
At the end of September 2021, the Budget Control Committee of the European Parliament recommended granting Frontext discharge for its 2019 budget but asked for part of the budget to be frozen. Looking at a number of outstanding issues, the Committee asked to freeze part … Read more
Frontex
ETIAS and EES Progress
At the beginning of October 2021, Frontex welcomed 41 new staff members joining the Agency to work at the ETIAS Central Unit. They will contribute to developing the European Travel Authorisation and Information System (ETIAS) (→news of 16 January 2019). Since the beginning of … Read more
Schengen
Frontex
Successful Hit against Investment Fraud
On 8 September 2021, German, Spanish, Dutch, and Swedish authorities took down a criminal group committing large-scale investment fraud. The coordinated action also received the support of Eurojust. It resulted in the arrests of numerous suspects. Phones, electronic devices, documents, and money were also … Read more
Eurojust
New Liaison Prosecutor for the USA
In September 2021, Mr Philip Mirrer-Singer took up his position as Liaison Prosecutor (LP) for the United States at Eurojust. Alongside his duties as Liaison Prosecutor at Eurojust, Mr Mirrer-Singer is serving as a trial attorney with the Europe and Eurasia Team of the United … Read more
Eurojust
Cooperation Tools with South Partner Countries
In order to further implement the EuroMed Justice (EMJ) programme (→ news of 29 November 2020), the CrimEx expert group is developing a series featuring six key tools for judicial and law enforcement cooperation with the programme’s South partner countries, i.e., Algeria, Egypt, Israel, … Read more
Eurojust
Law Enforcement Cooperation