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New National Member for Malta
At the beginning of October 2023, Ms Maria Baldacchino took up her duties as National Member for Malta at Eurojust. Ms Baldacchino already gained experience working at Eurojust in her positions as Deputy National Member and Assistant to the National Member, positions that she … Read more
Cornelia Riehle LL.M.
EU
Eurojust
Spotlight ECJ Ruled on Fundamental Rights Refusal of Norwegian Surrender Warrant
In its judgment of 14 September 2023, the ECJ ruled on the extent Member State courts must take account of fundamental rights when it comes to extradition on the basis of the Agreement on the surrender procedure between the EU and Iceland/Norway. In addition, the Court had to decide as to which extent decisions taken in other EU Member States in the extradition case can be taken into account by the executing court. Read more
Thomas Wahl
EU
European Arrest Warrant
Judicial Cooperation
ECJ: Bulgarian Penalty for Trade Mark Infringement Disproportionate
In its judgment of 19 October 2023 in Case C-655/21 (G. St. T.), the ECJ interpreted the principles of legal certainty and proportionality as enshrined in Art. 49(1) and (3) CFR in the context of the incrimination of trade mark infringements under Bulgarian law. Read more
EU
Fundamental Rights
Counterfeiting & Piracy
First-Line Border Checks outside the EU
In October 2023, Frontex officers carried out first-line border checks at a border outside the EU for the first time. As part of Frontex's Joint Operation Moldova, it was the first comprehensive operational activity in a non-EU country that included land and air borders and … Read more
EU
Frontex
ECJ Ruled on the Prohibition of Double Jeopardy in Fraudulent Pyramid Schemes
On 21 September 2023, the ECJ delivered a judgment that assessed whether facts are identical if a criminal carried out a fraudulent pyramid scheme in Spain and Portugal. The judges in Luxembourg were of the opinion that this does not seem the case under the circumstances at issue. Read more
EU
European Arrest Warrant
Ne bis in idem
Civil Society Organisations Warn against UK's Participation in Prüm II
In a statement of 31 October 2023, 15 civil rights organisations from across Europe raised concerns over the United Kingdom's participation in the EU's Prüm II scheme. Prüm II is designed to expand the types of data that can be searched and exchanged by … Read more
EU
Police Cooperation
ECJ Clarifies Assessment of "idem" Requirement
On 12 October 2023, the ECJ delivered a judgment in which it clarified the methods to asses the requirement of "same facts" under the principle ne bis in idem enshrined in Art. 54 CISA and Art. 50 CFR. Read more
EU
Ne bis in idem
Spotlight ECJ: Art. 50 of the Charter Protects Volkswagen from Further Administrative Penalties in Italy
The Italian competition and market supervisory authority can no longer impose an administrative fine on Volkswagen (VW) for the installation of inadmissible defeat devices in their diesel vehicles after VW had received and paid a fine from the public prosecutor's office in Germany in the meantime and in the same context. This was decided by the ECJ in Case C-27/22 on 14 September 2023, following Advocate General Sanchez-Bodona's opinion of 30 March 2023. Read more
EU
Ne bis in idem
Europol TE-SAT 2023
In its 2023 TE-SAT report, Europol provides a situational overview on terrorism in 2022. The report presents figures and developments within the terrorism landscape in the EU. It compiled the findings of EU Member States and Europol on trends emerging in terrorism over the year 2022. Read more
EU
Europol
Terrorism
New National Member for Portugal at Eurojust
Since 8 November 2023, Mr José Luis Ferreira Trindade has been a Eurojust National Member for Portugal. Mr Trindade can look back on a long-standing career with Eurojust, where he started as Assistant to the National Member in 2016 and then became Deputy National Member … Read more
EU
Eurojust
Rule of law developments in Poland: May-October 2023
This news item continues the overview of rule-of-law developments in Poland (as far as they relate to European law) from 1 May to 31 October 2023. They follow up the overview in → eucrim 1/2023, 4-5. Read more
EU
Fundamental Rights
Rule of Law
ECJ Clarifies Rights of Suspects in the Event of Personal Search and Seizure
On 7 September 2023, the ECJ ruled on the scope of Directives 2012/13 on the right to information in criminal proceedings and (EU) 2013/48 on the right of access to a lawyer in criminal proceedings when persons are subjected to a strip search for drug possession and the seizure of illegal substances or assets. Read more
EU
Procedural Safeguards
EP Reinforced its Anti-corruption Rules
On 1 November 2023, amendments to the European Parliament's Rules of Procedure entered into force. The amendments strengthen integrity, transparency and accountability in the European Parliament (EP) as a response to the Quatargate corruption scandal. They were decided in plenary on 13 September 2023 and … Read more
EU
European Parliament
Corruption
German Lawyer Associations Voice Concerns over Commission's Anti-corruption Directive
In September 2023, the German Federal Law Society and the German Bar Association criticised the Commission's draft for a directive on combating corruption. Accordingly, the draft disregards the principles of proportionality and subsidiarity and extends civil law obligations into the area of criminal law. Read more
EU
Corruption
Spotlight E-evidence Regulation and Directive Published
After five years of negotiations, the Council and the European Parliament (EP) finally adopted the legislative acts that will introduce a new system for the gathering of electronic evidence in criminal proceedings in the EU. This Spotlight provides a summary of the key features of the new legal framework, in particular as regards the obligations for and rights of the main actors. Read more
EU
e-Evidence
Law Enforcement Cooperation
Working Arrangement between EPPO and French FIU
On 26 October 2023, the EPPO and the Financial Intelligence Unit (FIU) of France (Tracfin) signed a working arrangement (WA). The WA establishes a structured and organisational framework for the cooperation between the two bodies. In particular, the WA aims to facilitate the exchange of … Read more
EU
EPPO