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Cocaine Insights Report 
12 November 2021
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 7 September 2021, Europol and UNODC introduced their new Cocaine Insights Report. The report reveals a significant increase in cocaine supply to Europe. Cocaine is the second most commonly used drug in Western and Central Europe. Estimates this year suggest some 4.4 million … Read more
Europol Organised Crime
Agreement with Armenia Signed 
12 November 2021
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 16 September 2021, Europol and Armenia signed a strategic cooperation agreement with the aim of enhancing their cooperation in the fight against cross-border crime. Under the agreement, both parties may exchange general strategic intelligence, strategic and technical information, and operational information ‒ with the … Read more
Europol
General Court Rules on Damage Claim against Europol 
12 November 2021 (updated 2 years, 5 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 3/2021
In its judgment of 29 September 2021, the General Court dismissed the action brought by Mr Kočner against Europol. The plaintiff was seeking compensation for damage from data leaks.Following the murder of Slovak journalist J. Kuciak and his fiancée M. Kušnírová in Slovakia on … Read more
Court of Justice of the European Union (CJEU) Europol
General Court of the EU: New Member 
12 November 2021
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
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
Court of Justice of the European Union (CJEU)
Commission’s 2021 Rule of Law Report 
12 November 2021 (updated 4 years, 3 months ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 3/2021
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
Fundamental Rights Rule of Law
2021 EU Justice Scoreboard: Focus on Digitalisation of Justice 
12 November 2021 (updated 4 years, 3 months ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 3/2021
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 
11 November 2021 (updated 4 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2021
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
EU Fundamental Rights Protection of Financial Interests
Hungary: Rule-of-Law Developments July – Mid-October 2021 
11 November 2021 (updated 4 years, 9 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2021
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 
11 November 2021 (updated 4 years, 9 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2021
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 
2 November 2021 (updated 4 years, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2021
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 
26 October 2021
Thomas Wahl Thomas Wahl
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 
26 October 2021
Thomas Wahl Thomas Wahl
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 
26 October 2021 (updated 4 years, 9 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2021
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 
26 October 2021
Thomas Wahl Thomas Wahl
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 
26 October 2021 (updated 1 year ago)
Thomas Wahl Thomas Wahl in Issue 3/2021
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 
22 October 2021 (updated 3 years, 9 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2021
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