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General Court of the EU: New Member
On 10 September 2021, Mr Pēteris Zilgalvis entered office as Judge of the General Court of the European Union for the period from 10 September 2021 to 31 August 2025.Before joining the General Court, Mr Zilgalvis served as Head of Unit for Digital Innovation … Read more
Cornelia Riehle LL.M.
Court of Justice of the European Union (CJEU)
Commission’s 2021 Rule of Law Report
On 20 July 2021, the Commission presented its second EU-wide Report on the Rule of Law. The report consists of a Communication on the rule of law situation in the EU and of an assessment of the situation in each Member State. The report … Read more
Dr. Anna Pingen
Fundamental Rights
Rule of Law
2021 EU Justice Scoreboard: Focus on Digitalisation of Justice
On 8 July 2021, the Commission published the 2021 EU Justice Scoreboard. The Justice Scoreboard is an annual overview providing comparative data on the efficiency, quality, and independence of justice systems in all EU Member States (for the Scoreboards of previous years, see eucrim … Read more
Area of Freedom, Security and Justice
EU Activated Next Generation Project
Between August and September 2021, Union institutions made the Next Generation EU (NGEU) operational. The NGEU is the EU’s economic recovery instrument in order to overcome the adverse impacts of the COVID-19 pandemic. The NGEU fund will operate from 2021-2023 and tied with the EU’s … Read more
Thomas Wahl
EU
Fundamental Rights
Protection of Financial Interests
Hungary: Rule-of-Law Developments July – Mid-October 2021
This news item continues updates in previous eucrim issues on rule-of-law developments in Hungary (as far as they relate to European law). For the last overview → eucrim 2/2021, 72-73 with further references to previous reports. Read more
EU
Fundamental Rights
Rule of Law
Poland: Rule-of-Law Issues July – Mid-October 2021
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 issue 2/2021, 71-72. Read more
EU
Fundamental Rights
Rule of Law
Spotlight 32nd Annual PIF Report
On 20 September 2021, the European Commission released the 32nd annual report on the protection of the EU’s financial interests. It gives an overview of the main developments in 2020 as regards the legislative, practical, and cooperation framework of the EU to fight fraud affecting the EU budget. The report also addresses the irregularities and fraud reported in 2020 and their related risks. Read more
EU
Protection of Financial Interests
CJEU: Union Law Does Not Preclude Criminalisation of Self-Laundering
On 2 September 2021, the CJEU decided that EU law (i.e. Directive 2005/60/EC) does not preclude national legislation that provides that the offence of money laundering can also be committed by the perpetrator of the predicate offence, i.e. the criminal activity from which the money concerned was derived. As a result, the CJEU follows the opinion of AG Hogan in this case. Read more
EU
Money Laundering
CJEU Clarifies Duty to Refer for National Last Instance Courts
On 6 October 2021, the CJEU handed down a judgment, in which it clarifies its case law in Cilifit under which conditions national last instance courts may refrain from making a reference for a preliminary ruling. The Grand Chamber judgment reasserts the three situations in which national courts or tribunals of last instance are not subject to the obligation to make a reference for a preliminary ruling – an obligation laid down in Art. 267 TFEU. Read more
EU
Court of Justice of the European Union (CJEU)
Negotiations on E-Evidence Legislation: State of Play
This news items summarises the current state of play of negotiations on the planned e-evidence Regulation. Despite the very opposing starting points of the co-legislators, a compromise text could be reached on several issues. Read more
EU
Law Enforcement Cooperation
CJEU: Hungarian Court Must Enforce Austrian Fine for Refusal to Name Driver
In a judgment of 6 October 2021, the CJEU ruled on the question of the extent to which an executing authority may challenge the legal classification of an offence by the issuing authority in a category where double criminality is no longer to be examined. Read more
EU
Financial Penalties
Judicial Cooperation
Spotlight CJEU: Lack of Translation Can Be Refusal Ground to Execute Financial Penalty
On 6 October 2021, the CJEU delivered an important judgment on the implications of fundamental rights in the mutual recognition scheme. The case concerned the question of whether an executing authority may refuse the recognition of a financial penalty (on the basis of Framework Decision 2005/214/JI) if the issuing authority did not notify the decision to the person concerned in a language he/she understands. Read more
EU
Fundamental Rights
Financial Penalties
Judicial Cooperation
Procedural Safeguards
Commission and Council Discuss Way Forward on Pre-Trial Detention and Detention Conditions
On 7 October 2021, the Justice Ministers of the EU Member States discussed the need for action on pre-trial detention and detention conditions in the EU. The discussion was based on a non-paper by the European Commission of 24 September 2021. Read more
EU
European Arrest Warrant
Procedural Safeguards
CJEU: Public Prosecutor Executing EIO Cannot Request Preliminary Ruling
On 2 September 2021, the CJEU declared the request for a preliminary ruling by the Public Prosecutor’s Office of Trento, Italy inadmissible. The question of whether a German tax authority can issue EIOs without validation remains unanswered. Read more
EU
European Investigation Order
Slovenian Presidency: State of Play of Legislative JHA Items
At the meeting of the Justice and Home Affairs Ministers of the EU Member States on 7 October 2021, the Slovenian Council Presidency presented an overview of the state of play of current legislative dossiers in the fields of security and criminal/civil justice. Read more
EU
Area of Freedom, Security and Justice
Council
EP Suggests New Framework on Harmful Tax Practices
On 7 October 2021, the European Parliament adopted a resolution that calls for a reform of the EU policy on harmful tax practices. The resolution makes several recommendations for the future EU work on harmful tax practices. The EP makes a concrete proposal for for a “Framework on Aggressive Tax Arrangements and Low Rates”, which would replace a current soft law instrument on business taxation. Read more
EU
Tax Evasion