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Committee of Ministers Declaration on MEDICRIME Convention 
29 January 2022 (updated 2 months ago)
Dr. András Csúri Dr. András Csúri in Issue 4/2021
On 16 November 2021, the CoE Committee of Ministers published a declaration on the CoE Convention on the Counterfeiting of Medical Products and Similar Crimes Involving Threats to Public Health (the MEDICRIME Convention → eucrim 2/2016, 84-85). The MEDICRIME Convention, signed in Moscow on … Read more
Council of Europe Counterfeiting & Piracy
CCJE: Opinion on Evolution of Councils for the Judiciary 
29 January 2022
Dr. András Csúri Dr. András Csúri
During its 22nd plenary meeting, held online from 3 to 5 November 2021 in Strasbourg, the Consultative Council of European Judges (CCJE) adopted Opinion No. 24 (2021) “on the evolution of the Councils for the Judiciary”. These … Read more
Council of Europe Human Rights Issues
CCPE: Opinion on the Practical Independence of Prosecutors 
29 January 2022
Dr. András Csúri Dr. András Csúri
On 25-26 November 2021, the Consultative Council of European Prosecutors (CCPE) adopted Opinion No. 16 (2021) regarding the implications of decisions of international courts and treaty bodies on the practical independence of prosecutors. The Opinion is designed to guide States’ judicial and prosecutorial reforms … Read more
Council of Europe Human Rights Issues
CEPEJ: Action Plan on the Digitalisation of Justice 
29 January 2022 (updated 3 years, 10 months ago)
Dr. András Csúri Dr. András Csúri in Issue 4/2021
On 8-9 December 2021, the European Commission for the Efficiency of Justice (CEPEJ) adopted an Action Plan on digitalisation for a better justice. The four-year plan aims to reconcile the efficiency of new technologies and respect for fundamental rights (in particular Art. 6 ECHR), … Read more
Council of Europe Human Rights Issues
ECtHR: Election of new Vice President, and Section President 
29 January 2022
Dr. András Csúri Dr. András Csúri
On 15 November 2021, the Court elected Judge Síofra O’Leary (Ireland) as new Vice President and Marko Bošnjak (Slovenia) as new Section President. They took office in January 2022.Before joining the ECtHR Ms O’Leary was Head of Unit of the Research and Documentation Directorate … Read more
European Court of Human Rights
ECtHR: Launch of HUDOC Case-Law Database in Bulgaria 
29 January 2022
Dr. András Csúri Dr. András Csúri
On 8 November 2021, the Court launched the Bulgarian interface of its case-law database HUDOC, developed in cooperation with Bulgarian authorities. With more than 820 texts in Bulgarian uploaded from various partners, the interface shall further increase the understanding of the Court’s case law among … Read more
European Court of Human Rights
CJEU: Bulgaria (Currently) Precluded from Issuing EIOs Due to Lack of Legal Remedies 
25 January 2022 (updated 2 years, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2021
According to the CJEU, the current situation in Bulgaria, which does not provide for legal remedies against investigative measures and the issuance of a European Investigation Order (EIO) infringes the fundamental rights of the Charter and means that Bulgaria cannot issue EIOs as long as this situation is not remedied. Read more
EU European Investigation Order Procedural Safeguards
New EP President Elected 
21 January 2022
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 18 January 2022, Ms Roberta Metsola was elected new President of the European Parliament, having served as its Vice-President since November 2020. Of the three candidates, Ms Metsola received an absolute majority of 458 votes out of 690 cast in the remote secret vote. … Read more
EU European Parliament
Europol: 2021 Highlights 
20 January 2022
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
At the end of 2021, Europol published a review highlighting its most important operations in 2021. A detailed analysis of the threat of serious and organised crime facing the EU was provided in Europol’s Serious and Organised Crime Threat Assessment 2021 (→ news of … Read more
EU Europol
Working Arrangement with Republic of Korea Signed 
20 January 2022
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
To strengthen their cooperation against serious crime, Europol and the Republic of Korea signed a Working Arrangement on 22 December 2021. It introduces a secure system for the exchange of information between the parties. Furthermore, the arrangement foresees that the parties can exchange specialist knowledge, … Read more
EU Europol
Programme of New Trio Council Presidencies 
20 January 2022 (updated 4 years, 2 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 4/2021
31 December 2021 marked the end of a cycle of trio presidencies. The cycle had started with the German Presidency on 1 July 2020 (→news of 31 August 2020), continued with the Portuguese Presidency on 1 January 2021 (→news of 1 April 2021), … Read more
EU Council
Programme of the French Council Presidency 
20 January 2022 (updated 4 years, 3 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 4/2021
On 1 January 2022, France took over the Presidency of the Council of the European Union for six months. This also the first Presidency in the new cycle of trio presidencies composed of France, the Czech Republic, and Sweden (→separate news item).Under the title … Read more
EU Council
AG: Unlawful Appointment of Polish Judges Does Not Justify Non-Execution of EAWs per se 
20 January 2022 (updated 4 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2021
According to an opinion by AG Rantos, national courts cannot refuse executing EAWs only because the appointment of Polish judges was unlawful. Courts must strictly follow the line established by the CJEU in LM. However, the recent judgment by the Polish Constitutional Tribunal that questioned the primacy of Union law may cast doubts on Poland's compatibility with essential fundamental rights and may justify refusals. Read more
EU Fundamental Rights European Arrest Warrant Procedural Safeguards
Organisations Tell E-Evidence Stories and Urge to Uphold High Level of Fundamental Rights Safeguards 
19 January 2022
Thomas Wahl Thomas Wahl
Civil society organisations published a compendium of scenarios that showcase situations in which the planned e-evidence Regulation would lead to serious fundamental rights harms. Read more
EU Fundamental Rights e-Evidence Law Enforcement Cooperation
CJEU: Amnesty Does Not Preclude Issuance of EAW 
19 January 2022
Thomas Wahl Thomas Wahl
On 16 December 2021, the CJEU ruled that a European arrest warrant (EAW) may be issued even if the underlying criminal proceedings have been resumed after an amnesty. The case refers to criminal proceedings before a Slovak criminal court which reexamines criminal offences committed by Slovakian security officers in the 1990es. Read more
EU European Arrest Warrant Ne bis in idem
Spotlight AG: German, Irish and French Data Retention Rules Incompatible with EU Law 
19 January 2022 (updated 4 years, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2021
On 19 November 2021, Advocate General (AG) Campos Sánchez-Bordona published his opinion on pending cases before the CJEU that concern the question of whether national data retention regimes are compatible with EU law. The cases concern legislation in Germany, Ireland and France. According to the AG, the answers can already be inferred from the CJEU's recent case law. General and indiscriminate regimes for combating crimes cannot be justified. Read more
EU Data Protection