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ECBA: Courts in the Assisting Member State Must Have Full Review Powers
In an open letter, the ECBA makes statements on the first case dealing with the interpretation of the EPPO Regulation before the CJEU. The case was referred by the Oberlandesgericht Wien (Austria) and poses the question as to which extent the courts of the assisting European Delegated Prosecutor (EDP) can verify an investigative measure under their national law when it was authorised in the Member State of the EDP handling the case.
Published 3 years, 2 months ago
News
ECA Will Probe Effectiveness of Rule-of-Law Conditionality Mechanism
The European Court of Auditors has started working on an audit to assess the Commission’s actions in protecting the EU’s financial interests and the sound financial management of the EU budget against rule of law breaches.
Published 3 years, 3 months ago
News
CJEU: Systematic Collection of Biometric and Genetic Data Contrary to EU Law
In its judgment of 26 January 2023, the CJEU ruled that the systematic collection of biometric and genetic data of any accused person in order for them to be entered in a police record is contrary to the requirement of ensuring enhanced protection with regard to the processing of sensitive personal data.
Published 3 years, 3 months ago
News
EU Reactions to Russian War against Ukraine: Overview November – December 2022
This news item continues the reporting on key EU reactions following the Russian invasion of Ukraine on 24 February 2022 in view of the impact on justice and home affairs and on the protection of the EU’s financial interests. The overview covers the period from November 2022 to December 2022.
Published 3 years, 3 months ago
News
CJEU: No Unrestricted Access to Data of Beneficial Owners
On 22 November 2022, the CJEU, sitting in for the Grand Chamber, declared the current provision of the Anti-Money Laundering Directive invalid by which the general public had nearly unrestricted access to data of beneficial owners.
Published 3 years, 4 months ago
News
CJEU Rules on Due Diligence Obligations under 4AMLD
On 17 November 2022, the CJEU delivered a judgment that interprets several provisions of the 4th Anti-Money Laundering Directive. The case concerned questions as to when enhanced due diligence measures must be taken, how information on the customer’s activities is to be obtained, and how information on the sanctions applied to obliged entities is to be published.
Published 3 years, 4 months ago
News
Council Adopted Historic Decision on Budget Protection vis-à-vis Hungary – Conditions also for RRF Payments
On 16 December 2022, the Council decided to withhold €6.5 billion of EU funds for Hungary. It is the first Council decision applying the new conditionality mechanism which allows the EU to protects its budget if certain breaches of the rule of law by an EU Member State adversely affect the sound financial management of the EU budget.
Published 3 years, 4 months ago
News
Poland: Rule-of-Law Developments November-December 2022
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 3/2022, 168-169.
Published 3 years, 4 months ago
News
Commission Proposed Tougher Rules to Combat THB
On 19 December 2022, the Commission proposed new rules that will update and further harmonise the EU's legal framework on preventing and combating trafficking in human beings.
Published 3 years, 4 months ago
News
Granting EU Candidate Status to Bosnia and Herzegovina
At the summit of 15 December 2022, the European Council endorsed the decision to grant the status of EU candidate country to Bosnia and Herzegovina. However, before accession negotiations can formally be launched, Bosnia and Herzegovina still has to implement further reforms. This mainly …
Published 3 years, 4 months ago