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News found: 2336 of 2336
German Federal Constitutional Court Paves Way for EU’s Recovery Instrument
The German Federal Constitutional Court (FCC) rejected an application for preliminary injunction against the German Act Ratifying the EU Own Resources Decision. As a consequence, the Ratifying Act can be signed by the Federal President. However, the FCC will have a closer look on the constitutionality of the EU's own resources decision at the principal proceedings. Read more
Thomas Wahl
EU
Protection of Financial Interests
AG Proposes Paradigm Shift Regarding the Duty to Refer for National Last Instance Courts
AG Bobek proposed that the CJEU should revisit its case law on exceptions from the duty borne by national last-instance courts to refer questions on the interpretation of Union acts to the CJEU (Art. 267 TFEU). He proposes a new formula by means of which the duty to refer questions of interpretation to the CJEU can be established. Read more
EU
European Court of Justice (ECJ)
Working Arrangement Between EPPO and Prosecutor-General of Hungary
On 6 April 2021, a working arrangement between the EPPO and the Office of the Prosecutor-General of Hungary entered into force. It aims to facilitate the practical application of the existing legal framework for judicial cooperation in criminal matters between the EPPO and Hungary. Read more
EU
European Public Prosectutor's Office (EPPO)
CCPE: Opinion on the Role of Prosecutors in Emergency Situations
On 21 March 2021, the CCPE published Opinion No. 15 on “The role of public prosecutors in emergency situations, in particular when facing a pandemic.” It sheds light on the implementation of the usual tasks of prosecutors in emergency situations, their new or expanded tasks in response to such situations, the management of challenges faced by prosecutors in emergency situations, and the modalities of international cooperation during a pandemic. Read more
Dr. András Csúri
Council of Europe
Consultative Council of European Public Prosecutors (CCPE)
Procedural Safeguards
ECtHR: New Case Processing Strategy
The ECtHR introduced a new case management strategy that establishes a new category of “impact” cases. The new strategy aims to ensure that priority cases are identified, processed, and decided very quickly. Read more
Council of Europe
European Court of Human Rights
Human Rights Commissioner: Corruption Undermines Human Rights and Rule of Law
In a comment, Dunja Mijatović (CoE Commissioner for Human Rights) warned member states that corruption undermines trust in public institutions, hinders economic development, and has a disproportionate impact on the exercise of human rights, especially among people belonging to marginalised or disadvantaged groups. It also disproportionately impacts women, children, and people living in poverty. Read more
Council of Europe
Fundamental Rights
Rule of Law
Corruption
GRECO: Fifth Round Evaluation Report on Norway
GRECO published its fifth round evaluation report on Norway. The country’s citizens are highly satisfied with services and institutions, administrative corruption and petty bribery are almost non-existent. GRECO found, however, some corruption-related challenges, such as close networks and conflicts of interest. Read more
Council of Europe
Corruption
ECA: Deficiencies in Customs Control Hamper EU’s Financial Interests
Customs controls in the EU still considerably differ as a result of which the protection of the EU’s financial interests is hampered, the European Court of Auditors (ECA) stated in its Special Report 04/21 of 30 March 2021. Read more
EU
Protection of Financial Interests
Customs Cooperation
Spotlight FRA Report on Presumption of Innocence and Right to Be Present – More Needs to Be Done in Practice
On 31 March 2021, the EU Agency for Fundamental Rights (FRA) presented its findings on how the rights to be presumed innocent, to remain silent and to be present at trial – as specifically spelled out in Directive 2016/343 – are applied in practice. The report is based on interviews with 123 legal practitioners in nine EU Member States. The FRA report stressed that problems in implementing the EU safeguards still persist. Read more
EU
Procedural Safeguards
Commission Implementation Report on Presumption of Innocence Directive
In a report dated 31 March 2021, the Commission points out that key provisions of Directive 2016/343 on the presumption of innocence have been inadequately implemented in a number of EU Member States. Major deficiencies relate to the prohibition of public references to guilt and to the right not to incriminate oneself. Read more
EU
Procedural Safeguards
EU Leaders Give Guidance on EU’s Digital Transformation
The EU must enhance its digital sovereignty in a self-determined and open manner, said EU leaders at the video conference of the European Council on 25 March 2021. The Council is invited to swiftly examine the Commission’s Communication on the 2030 Digital Compass … Read more
EU
Legislation
Data Protection
AG Gives Opinion on Compatibility of Romanian Constitutional Court Decisions Involving PIF Obligations
AG Bobek provides his opinion in cases where the compatibility of findings of the Romanian Constitutional Court with EU law (including the protection of the EU's financial interests) are to be assessed. The cases were referred to the CJEU by the Romanian supreme court and a Romanian instance court. The AG considers the reference only partly successful. Read more
EU
Fundamental Rights
Protection of Financial Interests
Hungary: Update on Recent Rule-of-Law Developments
This news item outlines the main rule-of-law developments in Hungary related to Union law. It continues the ongoing overview provided in previous eucrim issues. Read more
EU
Fundamental Rights
Rule of Law
Poland: Continued Update on Rule-of-Law Developments
This news item continues the last update provided in December 2020 on the rule-of-law situation in Poland as far as it relates to European law. Read more
EU
Fundamental Rights
Rule of Law
Plans to Regulate AI Technology Enabling Biometric Mass Surveillance under Fire
In an open letter to the Commission, civil society organisations call on the Commission to take a clear stance in favour of a ban to admit biometric mass surveillance technologies in the EU. Read more
EU
Artificial Intelligence (AI)
Legislation
Spotlight ECtHR: EAW Cannot be Automatically Executed
On 25 March 2021, the ECtHR delivered a landmark judgment, in which it sets out the level of fundamental rights protection by the ECHR in cases of execution of European Arrest Warrants. Read more
Council of Europe
EU
Fundamental Rights
European Arrest Warrant