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On 12 December 2024, the Council approved the first of two sets of conclusions on strengthening the common effort to counter terrorism. These conclusions set out strategic objectives and highlight key areas where increased efforts are needed to improve operational effectiveness. The aim is …

After the previous PiS government had been replaced by the new Polish government under the leadership of Donald Tusk at the end of 2023, the reappraisal and reversal of judicial reforms in Poland that jeopardised the rule of law has started (→previous overview in eucrim …

This news item continues eucrim’s overview of worrying rule-of-law developments in Hungary as far as implications on Union law, in particular the protection of the EU’s financial interests, are concerned. It covers the period from 1 July to 31 December 2024. It follows up on the overview in eucrim 1/2024, 5-7 which covered developments in the first half of 2024.

On 8 January 2025, the new legal EU framework on the collection and transfer of advance passenger information (API) for border control and law enforcement purposes was published in the EU's Official Journal. The legislative package consists of two regulations - one for purposes of border control, another one for law enforcement purposes.

In its judgment of 17 January 2025 in Case C-644/23 (IR II or Stangalov), the ECJ explained the extent to which the conditions for conducting proceedings in absentia within the meaning of Directive 2016/343 are met. Specifically, the issue is the compatibility of provisions of the Bulgarian Code of Criminal Procedure with Articles 8 and 9 of the Directive.

In its judgment of 16 January 2025, the ECJ ruled on the compatibility of national provisions with the requirements for criminal proceedings in absentia set out in EU Directive 2016/343. Specifically, the judgment concerns the compatibility of the provisions in the Bulgarian Code of Criminal Procedure regarding the possibility of conducting criminal proceedings in the absence of the defendant (Case C-400/23, VB II).

This news item summarises the main elements of another piece of EU legislation that seeks to enhance judicial cooperation within the common area of freedom, security and justice: Regulation (EU) 2024/3011, adopted by the European Parliament and the Council on 27 November 2024, lays down rules on the transfer of criminal proceedings between the Member States with a view to improving the efficient and proper administration of justice.

On 9 January 2025, the ECJ rendered a judgment on the material scope of Directive 201/41/EU regarding the European Investigation Order. The ECJ interpreted the concept of "investigative measure" in the context of a Spanish request to serve an indictment to an accused person.

On 21 November 2024, the Council of Bars and Law Societies of Europe (CCBE) issued recommendations on the implementation of the e-evidence Regulation (Regulation 2023/1543, →eucrim 2/2023, 165-168). They focus on issues which are both relevant and of importance to Bars and the …

On 28 November 2024, the ECJ ruled on the role of the competent authorities in deciding on the "strict necessity" of processing sensitive data in accordance with Art. 10 of Directive 2016/680 - the Law Enforcement Data Protection Directive. The referral concerns Bulgarian law, which …