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Spotlight CJEU: PNR Directive Valid if Limited to the “Strictly Necessary” 
4 August 2022 (updated 1 year, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
In a landmark ruling of 21 June 2022, the CJEU (Grand Chamber), upheld the EU’s regime to collect and use records of travellers, provided that it is strictly interpreted in line with the EU’s fundamental rights. In addition, indiscriminate processing of the data in cases of flights carried out only within the EU is banned unless there is a threat of terrorism. In general, the passengers’ data must also be deleted after six months at the latest. Read more
EU Fundamental Rights Law Enforcement Cooperation Data Protection
CJEU Clarifies Exceptions to Data Retention in Irish Case 
3 August 2022 (updated 3 years, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
On 5 April 2022, the CJEU added another chapter to the long history of the admissibility of data retention in the EU. In a case concerning the data retention law in Ireland, the CJEU confirmed that general and indiscriminate retention of traffic and location data relating to electronic communication is contrary to Union law even if it intends to combat serious crime. Read more
EU Data Protection
First EPPO Case before CJEU 
3 August 2022 (updated 3 years, 7 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
The first case concerning the interpretation of Regulation 2017/1939 on the establishment of the EPPO is at the CJEU. In a reference for preliminary ruling by an Austria court guidance by the CJEU is sought as to which extent judicial review can be carried out in the assisting Member State if it comes to cross-border investigations within the EPPO regime. Read more
EU European Public Prosecutor's Office (EPPO) European Investigation Order Judicial Cooperation
ECA: Commission Should Dig Deeper to Fight Fraud in Agricultural Spending 
2 August 2022
Thomas Wahl Thomas Wahl
In its Special Report 14/2022 (published on 4 July 2022), the European Court of Auditors (ECA) examined different patterns of fraud in the Common Agricultural Policy (CAP) and the appropriateness of the Commission’s responses to the fraud risks in agricultural spending. CAP is the largest … Read more
EU Protection of Financial Interests
ECA: Internal Border Control during Pandemic Largely Unjustified 
2 August 2022
Thomas Wahl Thomas Wahl
An ECA report concluded that the limitations of the legal framework hampered the Commission’s supervision of free movement restrictions imposed by the Member States during the COVID-19 pandemic in 2020/2021. Furthermore, the Commission did not exercise proper scrutiny to ensure that internal border controls complied with the Schengen legislation. Read more
EU Fundamental Rights Schengen
Spotlight EP’s Statement on Annual PIF Report 2020 
2 August 2022
Thomas Wahl Thomas Wahl
In a resolution of 7 July 2022, the European Parliament (EP) assessed the findings of the annual report 2020 on the protection of the EU’s financial interests. MEPs stressed the need for strong controls over the EU spending under the MFF and the RRF and made several calls on the European institutions and bodies and the Member States to do more to protect the EU's taxpayers money. Read more
EU Protection of Financial Interests
AG: EAWs Cannot Be Refused if there Are no Systemic & Generalised Deficiencies of Fair Trial Protection 
1 August 2022 (updated 3 years, 4 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2022
In his opinion of 14 July 2022, AG Richard de la Tour took the view that a judicial authority cannot refuse to execute a European Arrest Warrant on the basis of the risk of violation of the right to a fair trial of the person sought if the existence of systemic or generalised deficiencies affecting the judicial system of the issuing Member State has not been demonstrated. Read more
EU Fundamental Rights European Arrest Warrant
Hungary: Rule-of-Law Developments April-July 2022 
1 August 2022 (updated 3 years, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
This news item continues the overview in previous eucrim issues of the recent rule-of-law developments in Hungary as far as they relate to European law. Read more
EU Rule of Law
Poland: Rule-of-Law Developments April-July 2022 
1 August 2022 (updated 3 years, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
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 1-2022, 5-7. Read more
EU Rule of Law
MEPs Blame Hungary for Blocking Historic Tax Deal 
1 August 2022
Thomas Wahl Thomas Wahl
In a resolution of 6 July 2022, the European Parliament expressed its dissatisfaction with the blocking of EU rules on global minimum effective corporate taxation for large group companies. A planned Council Directive on “ensuring a global minimum level of taxation for multinational groups … Read more
EU Tax Evasion
Reverse Charge Mechanism Can Be Applied until 2027 
1 August 2022
Thomas Wahl Thomas Wahl
The Council extended the application period of the optional VAT reverse charge mechanism until 31 December 2026. The respective Directive (EU) 2022/890 amending Directive 2006/112/EC entered into force on 11 June 2022. The extension became necessary since the Council has not been able to agree … Read more
EU Tax Evasion
AG Opinion on SIS II Alerts for No Longer Relevant Objects 
1 August 2022
Dr. Anna Pingen Dr. Anna Pingen
In his opinion delivered on 7 July 2022, Advocate General (AG) Emiliou clarified the obligations placed upon the competent authorities of the Member States in circumstances where an alert has been entered in the second generation Schengen Information System (SIS II) for the seizure of an object or its use as evidence in criminal proceedings, when that alert is no longer considered relevant. Read more
EU Schengen Court of Justice of the European Union (CJEU)
ECA: Blacklisting to Protect EU Funds Ineffective 
1 August 2022 (updated 3 years, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
“Blacklisting” is not being used effectively to protect EU money from being paid out to untrustworthy individuals or entities, a report by the European Court of Auditors (ECA) says. In particular, there is no coherent set of obligations for the different payment modes. Read more
EU Protection of Financial Interests
CJEU Gives Guidance on Double Criminality Test 
31 July 2022 (updated 3 years, 11 months ago)
Thomas Wahl Thomas Wahl
In a case that involves convictions in the context of the riots at the G8 summit in Genoa (Italy), the CJEU had occasion to determine the scope of the condition of double criminality in European arrest warrant cases. According to the judges in Luxembourg the executing authority does not need to assess the accordance of the legal interests protected by the criminal laws of the issuing and executing State. Read more
EU European Arrest Warrant Judicial Cooperation
International Handbook to Combat Fire-Arms Smuggling by Frontex 
28 July 2022 (updated 4 years, 2 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
At the beginning of July 2022, Frontex published an international version of its Handbook on Firearms for Border Guards and Customs Officers. The handbook contains the latest information on firearms, their parts and ammunition, associated documentation, and the phenomenon of firearm trafficking itself. It also … Read more
EU Frontex
Frontex Fundamental Rights Officer: Annual Report for 2021 
28 July 2022
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
At the end of June 2022, Frontex's Fundamental Rights Officer released the Annual Report for the year 2021. The report provides an overview of the activities carried out by the Fundamental Rights Office in the last year; it also includes the Fundamental Rights Monitors. Read more
EU Frontex