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Illegal Tobacco Trade Operations in 2021
On 23 February 2022, OLAF informed of the results of its operations against tobacco smuggling in 2021 (for the results in 2020 → eucrim 1/2021, 14). In 2021, world-wide operations involving OLAF were able to seize over 430 million illicit cigarettes in total. The …
Published 4 years, 5 months ago
News
OLAF Support in Dismantling Fake Medicine Network
On 16 February 2022, a joint operation between OLAF and the Polish police dismantled a gang that dealt with counterfeit medical products, such as medicine to treat erectile dysfunction, anabolic substances and growth hormones. The value of the seized goods is estimated at almost €9 …
Published 4 years, 5 months ago
News
OLAF JIT Uncovers Tomato Swindle
On 19 January 2022, OLAF reported on the results of a joint investigation team (JIT) involving OLAF, the Romanian National Anticorruption Directorate (DNA) and the Prosecution Office of the Italian commune of Enna. The investigations revealed practices of a criminal group that defrauded EU agricultural …
Published 4 years, 5 months ago
News
CJEU again Finds Romanian Judicial System Flawed
The CJEU delivered a judgment on the Romanian rules and practice to hinder ordinary courts to assess compatibility of national provisions with EU law. According to the judges in Luxembourg, EU law precludes a national rule under which national courts have no jurisdiction to examine the conformity with EU law of national legislation which has been held to be constitutional by a judgment of the constitutional court of the Member State.
Published 4 years, 5 months ago
News
AG Opinion on Public Access to Information on Beneficial Owners
In his opinion of 20 January 2022, AG Giovanni Pitruzzella concluded that the fourth anti-money laundering (AML) Directive as amended by the fifth AML Directive is partly invalid. In essence, the case addresses the question of balancing transparency requirements with respect for fundamental rights.
Published 4 years, 5 months ago
News
AG: PNR Directive is in Line with EU Charter
In his opinion replying to a reference for preliminary ruling by the Belgian Constitutional Court, AG Pitruzzella concluded that, in essence, the EU's PNR Directive is compatible with the Charter of Fundamental Rights. Only one point in the definition of PNR data in the Annex of the Directive is too broad and thus inapplicable. The duration of retention must however be limited to what is strictly necessary.
Published 4 years, 6 months ago
News
EP Study on Politically Motivated Interpol Red Notices
On 7 February 2022, the LIBE Committee discussed a study which analysed the EU’s possibilities to protect EU citizens from politically motivated Interpol Red Notices.
Published 4 years, 6 months ago
News
CJEU: Fines for Failure to Declare Assets Abroad Can Be Disproportionate
On 27 January 2022, the CJEU declared Spanish legislation, which allows the imposition of high fines if a Spanish tax resident failed to comply with mere obligations to declare or purely formal obligations regarding his/her overseas assets, not in line with the principle of free movement of capital.
Published 4 years, 6 months ago
News
CJEU Dismisses Actions against Rule-of-Law Conditionality to Safeguard the EU Budget
On 16 February 2022, the CJEU dismissed the actions brought by Hungary and Poland that sought annulment of Regulation 2020/2092 “on a general regime of conditionality for the protection of the Union budget”. The CJEU mainly rejected three pleas put forward by the applicants. The CJEU confirmed the legal basis, the non-circumvention of the "Article 7 procedure", and the compatibility with the principle of legal certainty.
Published 4 years, 6 months ago
News
CJEU: Bulgaria (Currently) Precluded from Issuing EIOs Due to Lack of Legal Remedies
According to the CJEU, the current situation in Bulgaria, which does not provide for legal remedies against investigative measures and the issuance of a European Investigation Order (EIO) infringes the fundamental rights of the Charter and means that Bulgaria cannot issue EIOs as long as this situation is not remedied.
Published 4 years, 6 months ago