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AG Manuel Campos Sánchez-Bordona concluded that a public prosecutor is not entitled to issue a European Investigation Order (EIO) if the underlying investigative measure (here: collection of traffic and location data associated with telecommunications) can only be ordered by a court in purely domestic cases.

On 1 June 2021, the Commission submitted a recommendation to the Council in which it seeks authorisation to open negotiations with Japan in order to amend the EU-Japan Agreement on mutual legal assistance in criminal matters. The Agreement entered into force on 2 January 2011. …

States that are party to the Schengen Agreement can refuse to follow an Interpol red notice seeking extradition of an individual to a third country if he/she has already been finally tried in one of the Schengen States. The CJEU delivered this groundbreaking judgment on 12 May 2021 in Case C-505/19.

AG Michal Bobek recommends that the CJEU decide that Bulgarian authorities cannot issue European Investigation Orders (EIOs) unless Bulgaria introduces remedies against investigative measures. It is the second time that the CJEU is addressed in the specific case (criminal proceedings against Ivan Gavanozov).

On 29 April 2021, the CJEUdelivered a judgment on interpretation of Art. 4(5) of the Framework Decision on the European Arrest Warrant (FD EAW) for the first time. It also decided that convictions combined with leniency measures in third countries can be a ground for refusing the execution of an EAW.

The European Commission's work on a European code for cross-border police cooperation is gaining momentum. The idea was presented for the first time in the framework of the EU Security Strategy, which was presented in July 2020 (→ eucrim 2/2020, 71-72). As part of the …

On 27 April 2021, the EP consented to the EU-UK Trade and Cooperation Agreements. This formal approval paves the way for the agreement to enter into force permanently on 1 May 2021. In an accompanying resolution, the EP assesses in detail the different chapters and topics of the TCA and highlights several issues regarding future cooperation in justice and home affairs and the protection of the EU's financial interests.

On 7 April 2021, the European Commission published a guidance on the avoidance and management of conflicts of interest under the new 2018 Financial Regulation (FR). The FR, which entered into force on 2 August 2018, has strengthened the measures to protect the EU’s financial …

The German Federal Constitutional Court (FCC) rejected an application for preliminary injunction against the German Act Ratifying the EU Own Resources Decision. As a consequence, the Ratifying Act can be signed by the Federal President. However, the FCC will have a closer look on the constitutionality of the EU's own resources decision at the principal proceedings.

AG Bobek proposed that the CJEU should revisit its case law on exceptions from the duty borne by national last-instance courts to refer questions on the interpretation of Union acts to the CJEU (Art. 267 TFEU). He proposes a new formula by means of which the duty to refer questions of interpretation to the CJEU can be established.