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CJEU: New Italian Law on Unpaid VAT Compatible with EU Rules
On 2 May 2018, the CJEU rendered a judgment in Case C-574/15 (criminal proceedings against Mauro Scialdone). The case concerns the interpretation of Art. 4(3) TEU and Art. 325 TFEU, Council Directive 2006/112 on the common system of value added tax (the “VAT Directive”) and the PIF Convention of 26 July 1995.
Published 7 years, 6 months ago
News
CJEU Ruling on Effective Prosecution of PIF Offences and Guarantee of Defence Rights
On 5 June 2018, the Grand Chamber of the CJEU delivered its judgment in Case C-612/15– criminal proceedings against Nikoley Kolev, Stefan Kostadinov.
Published 7 years, 6 months ago
News
Lawyers Organisations: Rule-of-Law Violations Have Direct Impact on Judicial Cooperation
On the occasion of the reference for a preliminary ruling drafted by the Irish High Court, questioning recognition of a EAW issued by Poland because of the fundamental rights situation in the country, the Council of Bars and Law Societies in Europe (CCBE) and the Federation of European Bars (FBE) issued a joint statement on the rule of law and the principle of mutual recognition.
Published 7 years, 10 months ago
News
AG: Minor Offences Can also Justify Police Access to Retained Data
On 3 May 2018, Advocate General (AG) Henrik Saugmandsgaard Øe delivered a notable opinion on the scope of data protection in criminal law enforcement situations. According to the AG, Union law does not preclude investigative measures by which national authorities seek identification data from certain mobile phones held by electronic communication service providers, even if the criminal offense is not of a serious nature.
Published 7 years, 10 months ago
News
Data Protection Experts Give Critical Statement on Planned Interoperability
On 11 April 2018, the Article 29 Data Protection Working Party (WP29) adopted its opinion on the Commission proposals to establish a framework of interoperability between the EU information systems in the field of borders and visas and police and judicial cooperation, asylum and migration. The opinion must be seen in the context of other, nearly parallel statements issued by the EDPS and the EU’s Agency for Fundamental Rights.
Published 7 years, 10 months ago
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EDPS Further Critical to Interoperability
On 16 April 2018, the EDPS presented his concerns on the recent Commission’s legislative proposals on establishing a framework to ensure interoperability between existing and future EU information systems. The EDPS’ contribution (Opinion 4/2018) follows up the reflection paper issued in November 2017, in which the EDPS already eyed the plans of the EU institutions on interoperability.
Published 7 years, 10 months ago
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Commission Proposes Loss of EU Money if Rule of Law is Not Respected
On 2 May 2018, the Commission tabled its proposals for a new long-term EU budget, also referred to as Multiannual Financial Framework (“MFF”). The new framework would follow the current budget period that ends in 2020. The MFF would therefore cover the period from 2021 to 2027, and it especially takes into account the EU-27 after the withdrawal of the UK.
Published 7 years, 10 months ago
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GC Clarifies Relationship between Union and National Law in OLAF External Investigations
On 3 May 2018, the General Court (GC) delivered an important judgment in which it clarified the relationship between Union law and national law when checks against economic operators are carried out by OLAF. The GC confirmed that checks are a matter of EU law, and national law is only relevant in cases of assistance by national authorities.
Published 7 years, 10 months ago
News
EPRS: Cost of Non-Europe in the Fight Against Terrorism
On 28 May 2018, the European Parliamentary Research Service (EPRS) published a report on the cost of non-Europe in the fight against terrorism. It continues the series of several cost- of- non-Europe reports increasingly covering the European criminal law field, such as the cost of non-Europe reports on organised crime and corruption, on procedural rights and detention conditions and on equality and the fight against racism and xenophobia.
Published 7 years, 10 months ago
News
Brexit: Material for Discussions on Future Framework in JHA Area
The European Commission Task Force for the Preparation and Conduct of Negotiations with the United Kingdom under Article 50 TEU has already published documents on how the future framework of police and judicial cooperation in criminal matters could be shaped. These documents are available …
Published 7 years, 10 months ago