Search results

On 4 September 2018, the German Bar Association (Deutscher Anwaltverein − DAV) published a statement on the two legislative proposals of the Commission on e-evidence (see eucrim 1/2018, pp. 35-36). The statement (SN 42/18) criticises the initiative.

On 5 July 2018, the CJEU ruled that Framework Decision 2008/675/JHA precludes Hungarian procedural rules on the recognition and validity of final criminal judgments previously handed down by the court of another Member State (Case C-390/16 [Lada]).

In the most prominent European Arrest Warrant case in Germany in recent time, the possible surrender of former Catalan Regional President Carles Puigdemont to Spain, the First Senate for Criminal Matters of the Higher Regional Court of the State of Schleswig-Holstein rendered its final admissibility decision on 12 July 2018.

On 25 July 2018, the CJEU rendered an important judgment on the obligations of the executing authority in the European Arrest Warrant (EAW) system. Furthermore, the judgment interprets the refusal grounds of Art. 3 No. 2 and Art. 4 No. 3 FD EAW.

On 25 July 2018, the CJEU delivered its judgment on the non-execution of European Arrest Warrants (EAWs) in cases of systemic deficiencies regarding the independence of the judiciary (Case C-216/18 PPU [“LM”]).

On 25 July 2018, the CJEU rendered afurther landmark judgment on the question as to which extent judicial authorities in the executing Member State can refuse surrender after a European Arrest Warrant if detention conditions in the issuing Member State risk violating the fundamental right against inhuman or degrading treatment (Art. 4 CFR).

On 19 September 2018, the European Court of Justice (CJEU) decided on the impact of Brexit on the execution of European Arrest Warrants (EAWs) issued by the UK (Case C-327/18 PPU).

On 2 May 2018, the CJEU rendered a judgment in Case C-574/15 (criminal proceedings against Mauro Scialdone). The case concerns the interpretation of Art. 4(3) TEU and Art. 325 TFEU, Council Directive 2006/112 on the common system of value added tax (the “VAT Directive”) and the PIF Convention of 26 July 1995.

On 5 June 2018, the Grand Chamber of the CJEU delivered its judgment in Case C-612/15– criminal proceedings against Nikoley Kolev, Stefan Kostadinov.

On the occasion of the reference for a preliminary ruling drafted by the Irish High Court, questioning recognition of a EAW issued by Poland because of the fundamental rights situation in the country, the Council of Bars and Law Societies in Europe (CCBE) and the Federation of European Bars (FBE) issued a joint statement on the rule of law and the principle of mutual recognition.