News
News found: 2390 of 2390
EMOTET Disrupted
At the end of January, under the coordination of Eurojust and Europol, law enforcement and judicial authorities worldwide disrupted EMOTET, a malware programme that acts as an unauthorised door opener for computer systems on a global scale. A “unique feature” of EMOTET is that … Read more
Cornelia Riehle LL.M.
EU
Europol
The Use of Violence by Organised Crime Groups
On 28 January 2021, Europol published a spotlight report on the use of violence by organised crime groups. Violence by organised crime groups (OCGs) is of growing concern in the EU with an increasing number of cases submitted to Europol.OCG-related violence appears … Read more
EU
Europol
JPSG: Discussion on Europol Reform
On 1-2 February 2021, the Joint Parliamentary Scrutiny Group on Europol (JPSG) held its biannual meeting to discuss the revision and strengthening of Europol’s mandate. The discussion focused on Europol’s handling of large data sets (big data) and included a presentation by the European Data … Read more
EU
Corona
Europol
MTIC Scheme Dismantled
On 10 February 2021, Dutch tax authorities, in cooperation with law enforcement and judicial authorities from four EU Member States and supported by Eurojust and Europol, smashed an illegal VAT scheme that involved the purchase and sale of Secure Digital (SD) memory cards. By using … Read more
EU
Europol
Memorandum of Understanding with the World Anti-Doping Agency
On 18 February 2021, Europol signed a Memorandum of Understanding (MoU) with the World Anti-Doping Agency (WADA). Under the MoU, both agencies will exchange knowledge and expertise to enhance their cooperation in the fight against the illegal production and distribution of doping substances and their … Read more
EU
Europol
Fraudulent VAT Scheme Involving Vegetable Oil Dismantled
On 18 February 2021, Polish and German authorities dismantled an international VAT fraud scheme with the support of Europol. The scheme, which concerned the vegetable oil trade, caused the Polish treasury to lose an estimated €17.8 million in tax. Twelve suspects were arrested; it is … Read more
EU
Europol
Executive Board Starts Implementation of Conference on the Future of Europe
The Executive Board of the Conference on the Future of Europe started the implementation of the European citizens' participation in the discussions on the future shape and orientation of the EU. Read more
Thomas Wahl
EU
Reform of the European Union
Organised Crime
EU Imposes First Sanctions for Human Rights Violations
After the adoption of the EU Global Human Rights Sanctions Regime – also dubbed the “European Magnitsky Act” – in December 2020, the EU started to impose the first restrictive measures to individuals in March 2021. Read more
EU
Fundamental Rights
New E-Evidence Legislation: Trilogue Started – Criticism on EP Stance
After the European Parliament adopted its position on the e-evidence package in December 2020 (→ eucrim 4/2020, 295-296), trilogue negotiations between the EP, the Council, and the Commission started on 10 February 2021. The Council had already presented its general approach in 2018 (→ … Read more
EU
Legislation
e-Evidence
Law Enforcement Cooperation
Commission Report on ECRIS
On 21 December 2020, the Commission presented its second statistical report on the European Criminal Records Information System (ECRIS). This system has allowed judicial authorities to easily exchange information on previous criminal convictions since 2012. The purpose of the report is to present the compliance … Read more
EU
Commission
Criminal Records
AG: Tax Authority Cannot Issue EIO without Prior Judicial Validation
In his Opinion of 11 March 2021 in Case C-66/20 (XK / Finanzamt für Steuerstrafsachen und Steuerfahndung Münster), Advocate General (AG) Sánchez-Bordona rejects the authorisation of administrative authorities – despite exercising powers as a prosecution office in criminal tax matters – to issue … Read more
EU
European Investigation Order
CJEU: National Arrest Decision and EAW Cannot be Issued by Public Prosecutor Alone
On 10 March 2020, the CJEU decided on the consequences of the Bulgarian criminal procedure system, under which both the European arrest warrant and the decision on which it is based had been issued by the Bulgarian public prosecutor without court review prior to surrender. … Read more
EU
Court of Justice of the European Union (CJEU)
European Arrest Warrant
CJEU: Consequences of Invalid EAWs for Pre-Trial Detention in the Issuing State
In Case C-414/20 PPU (“MM”), the CJEU had to rule on the consequences if a Member State issued a European Arrest Warrant (EAW) without prior judicial decision that orders the arrest of the requested person. In the case at issue, MM was prosecuted … Read more
EU
European Arrest Warrant
CJEU Rules on Compliance of FD EAW with Charter of Fundamental Rights
In its judgment of 28 January 2021 in Case C-649/19 (“criminal proceedings against IR”), the CJEU took a stance on the extent of a person’s rights of information if he/she is subject to a European Arrest Warrant (EAW). In addition, the CJEU … Read more
EU
European Arrest Warrant
Procedural Safeguards
Spotlight EP Adopted Own Report on EAW Implementation
On 20 January 2021, the European Parliament adopted its own initiative report on the implementation of the European Arrest Warrant. While MEPs consider that the EAW is “generally a success” and has “positive effects on the maintenance of the AFSJ,” they believe that the time is ripe to improve and update the instrument, particularly since digital transformations have changed the ecosystem of crime. Read more
EU
European Arrest Warrant
Judicial Cooperation
CJEU: Bulgarian Confiscation Rules Excluding Rights for Third Parties Acting in Good Faith Are Contrary to EU Law
In its judgment of 14 January 2021, the CJEU clarified EU Member States’ obligations with regard to Framework Decision 2005/212/JHA on confiscation of crime-related proceeds, instrumentalities, and property. The case (C-393/19, “OM”) dealt with the rights of third parties acting … Read more
EU
Freezing of Assets / Confiscation