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This news item continues the overview of the rule-of-law developments in Poland (as far they relate to European law issues) from 16 October 2023 to mid-January 2024. They follow up the overview in eucrim 2/2023, 111-113.

This news item continues the reporting on key EU reactions following the Russian invasion of Ukraine with regards tothe impact of the invasion on the EU’s internal security policy, criminal law, and the protection of the EU’s financial interests. It cover the period from the beginning of October 2023 to the end of January 2024.

On 26 October 2023, Advocate General (AG) Tamara Ćapeta released her opinion on the reference for a preliminary ruling with regard to the EncroChat case. In the case at issue, the Regional Court of Berlin, Germany, asked several questions as to the lawfulness of …

In its judgment of 19 October 2023 in Case C-655/21 (G. St. T.), the ECJ interpreted the principles of legal certainty and proportionality as enshrined in Art. 49(1) and (3) CFR in the context of the incrimination of trade mark infringements under Bulgarian law.

If there are deficiencies in the rule of law, which have an impact on the concrete criminal decision, not only extradition but also the execution of a prison sentence can be refused. This was decided by the ECJ on 9 November 2023 upon a referral by the Regional Court of Aachen (Germany).

A Member State is not bound by the decision of another Member State regarding the recognition of refugee status within the meaning of the Geneva Refugee Convention. This is the view taken by Advocate General (AG) Jean Richard de la Tour in his Opinion of 19 October 2023 in Case C-352/22 referred by the Higher Regional Court of Hamm, Germany.

In its judgment in Terhelt5, the ECJ concluded that the public prosecutor's decision in one EU Member State to close criminal proceedings against a suspect due to lack of sufficient evidence can trigger the ne bis in idem principle. The judgment includes several clarifications on the condition whether a decision can be considered "finally disposed of" within the meaning of Art. 54 CISA/Art. 50 CFR.

In a statement of 31 October 2023, 15 civil rights organisations from across Europe raised concerns over the United Kingdom's participation in the EU's Prüm II scheme. Prüm II is designed to expand the types of data that can be searched and exchanged by …

In the last couple of months and weeks, the Commission proposal for a directive to combat corruption (presented in May 2023), saw several statements by European institutions and national parliaments. Although many statements welcome the objective, they have criticised the text in many respects.

On 21 November 2023, the EPPO and the Prosecutor’s Office of Bosnia and Herzegovina (POBiH) signed a working arrangement (WA). The purpose of the WA is to facilitate judicial cooperation in criminal matters and exchange of operational information between the parties. It also lays down …