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2,718 results

Commission Proposes First Package of New Own Resources 
22 December 2021 (updated 2 years, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2021
On 22 December 2021, the Commission presented proposals to establish the next generation of own resources for the EU budget. The Commission basically relies on revenues from emissions trading, the global minimum tax for globally active companies and a carbon border adjustment mechanism. After a … Read more
EU Protection of Financial Interests
Commission Adopted Adequacy Decision for South Korea 
22 December 2021
Thomas Wahl Thomas Wahl
As of 17 December 2021, data can be transmitted from the EU to South Korea without any further safeguard being necessary. The European Commission adopted the adequacy decision for personal data transfers between teh EU and the Republic of Korea - as required by the EU's General Data Protection Regulation. Read more
EU Data Protection
CJEU Rules on Mechanisms to Remedy Errors in the Indictment 
22 December 2021
Thomas Wahl Thomas Wahl
On 21 October 2021, the CJEU ruled on the compatibility of the Bulgarian Criminal Procedure Code with Directive 2012/13 on the accused person’s right to information (Case C-282/20). Read more
EU Procedural Safeguards
Commission Assessed Added Value of Directive on Combating Terrorism 
22 December 2021
Thomas Wahl Thomas Wahl
On 18 November 2021, the European Commission published a report that assessed the added value of Directive 2017/541 on combating terrorism. The Directive is the main criminal law instrument at the EU level to combat terrorism. Read more
EU Terrorism
EP: Revision of Financial Regulation Needed 
21 December 2021
Thomas Wahl Thomas Wahl
In a resolution of 24 November 2021, the European Parliament calls for a revision of the EU’s 2018 Financial Regulation applicable to the general budget of the Union. Following the entry into force of the multiannual financial framework (MFF) 2021-2027 and against the background of … Read more
EU Protection of Financial Interests
EP Resolution: Digitalisation of the European Reporting, Monitoring and Audit 
21 December 2021
Thomas Wahl Thomas Wahl
On 23 November 2021, the European Parliament (EP) adopted a resolution on the digitalisation of the European reporting, monitoring and audit. The resolution aims at enhancing transparency on the final beneficiaries of EU funds and establishing a harmonised, interoperable tool to protect the Union budget against fraud and irregularities. Read more
EU Protection of Financial Interests
EP Sues Commission for Non-Application of the Conditionality Regulation 
20 December 2021 (updated 4 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2021
On 29 October 2021, the European Parliament (EP) submitted the action against the European Commission for failure to apply the Regulation on the conditionality mechanism to the CJEU. The action is registered as Case C-657/21. Read more
EU Rule of Law Protection of Financial Interests
Spotlight AG: Regulation on Conditionality Mechanism Is Legally Sound and Compatible with EU Treaties 
20 December 2021
Thomas Wahl Thomas Wahl
The Advoate General recommend the CJEU to dismiss the actions brought by Hungary and Poland against the EU's conditionality mechanism to protect the Union budget from rule-of-law breaches. The AG sees no violation regarding the chosen legal basis, the circumvention of the Article 7 procedure and the principle of legal certainty. Read more
EU Rule of Law Protection of Financial Interests
CJEU Rules on Guarantees in OLAF’s External Investigations (Case Vialto) 
20 December 2021
Thomas Wahl Thomas Wahl
On 28 October 2021, the CJEU ruled in an appeal judgment (Case C-650/19 P) on the right to be heard in administrative proceedings involving several authorities. The case also raised questions in relation to the way in which OLAF carries out external investigations and, more specifically, the limits of digital forensic operations, as well as the scope of the principle of legitimate expectations. Read more
EU OLAF Protection of Financial Interests Procedural Safeguards
Spotlight Commission Proposes EU Police Cooperation Code 
15 December 2021
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 4/2021
On 8 December 2021, the European Commission published three legislative proposals introducing a “EU Police Cooperation Code.” The initiative is designed to enhance law enforcement cooperation across Member States and to give EU police officers more modern tools for information exchange. Read more
EU Police Cooperation
CEPEJ: Guidelines on Videoconferencing in Judicial Proceedings 
17 November 2021 (updated 3 years, 11 months ago)
Dr. András Csúri Dr. András Csúri in Issue 3/2021
On 1 July 2021, the European Commission for the Efficiency of Justice (CEPEJ) published guidelines on videoconferencing in judicial proceedings. They were adopted at CEPEJ’s plenary meeting on 16 and 17 June 2021. Since the beginning of the health crisis, the courts have had … Read more
European Commission for the efficiency of justice (CEPEJ)
ECtHR: Judicial Reform in Ukraine Seriously Undermined Independence of the Judiciary 
17 November 2021
Dr. András Csúri Dr. András Csúri
Following judicial reforms in Ukraine, the ECtHR dealt with the independence of the Ukrainian judiciary in a chamber judgment in the case of Gumenyuk and others v. Ukraine on 22 July 2021. The case concerned eight judges of the former Supreme Court of Ukraine, elected … Read more
Council of Europe Human Rights Issues
ECtHR: Disciplinary Chamber of the Polish Supreme Court in Breach of the ECHR 
17 November 2021
Dr. András Csúri Dr. András Csúri
On 22 July 2021, the ECtHR held in a chamber judgment in Reczkowicz v. Poland that the Disciplinary Chamber of the Polish Supreme Court is not a tribunal established by law within the meaning of the ECHR. The case is one of 38 applications against … Read more
Council of Europe Human Rights Issues
ECtHR: Right of Access to a Court in Respect of Administrative Decisions 
17 November 2021
Dr. András Csúri Dr. András Csúri
On 20 July 2021, the ECtHR held in a chamber judgment in Loquifer v. Belgium that the right of access to a court (Art. 6 § 1 ECHR) in respect of administrative decisions implies the possibility of remedy by a judicial body. The case involved … Read more
Council of Europe Human Rights Issues
New Factsheet on ECtHR Case Law on Independence of Justice 
17 November 2021
Dr. András Csúri Dr. András Csúri
On 28 July 2021, the ECtHR published a new factsheet on the independence of justice systems (available in English and French). The cases are broken down as follows:Key aspects of independence and the right to a fair trial;Independence criteria for a “tribunal … Read more
Council of Europe Human Rights Issues
ECtHR: New Website for Applicants 
17 November 2021
Dr. András Csúri Dr. András Csúri
The European Court of Human Rights (ECtHR) has launched a new website for applicants. It is available in all official languages of the CoE Member States. The site clearly explains the formalities of the application process, the admissibility requirements, and the procedure before the … Read more
EU Human Rights Issues