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Author: Thomas Wahl

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AML: Commission Updated List of High-Risk Third Countries
In May and August 2023, the Commission updated the EU list of high-risk third countries with strategic deficiencies in their anti-money laundering and counter-financing of terrorism (AML/CFT) regimes. Currently, 132 jurisdictions worldwide are subject to review and assessments by the EU institutions since their AML/CFT standard is low.
Published 2 years, 7 months ago
News
EDPB Provides Guidance on "Appropriate Safeguards" Assessment under LED
On 19 September 2023, the European Data Protection Board (EDPB) adopted guidelines on the application of Art. 37 of Directive 2016/680. The guidelines provide practitioners with clarification which conditions must be met if appropriate data protection safeguards in a third country or international organisation are assessed that would allow a data transfer from the EU for law enforcement purposes.
Published 2 years, 7 months ago
News
AG: Best Interest of Child Must Guide Decision to Execute EAW
According to Advocate General Ćapeta the execution of a European Arrest Warrant issued against a mother of small children may be refused when that is in the best interest of the child. Such a refusal is possible only if, after having contacted the issuing authority, the executing authority does not have sufficient information in order to be absolutely certain that the execution of the EAW would not go against the best interest of the child.
Published 2 years, 7 months ago
News
ECJ Ruled on the Prohibition of Double Jeopardy in Fraudulent Pyramid Schemes
On 21 September 2023, the ECJ delivered a judgment that assessed whether facts are identical if a criminal carried out a fraudulent pyramid scheme in Spain and Portugal. The judges in Luxembourg were of the opinion that this does not seem the case under the circumstances at issue.
Published 2 years, 7 months ago
News
ECJ: EAW Requires Equal Treatment of Third-Country Nationals
According to the ECJ's Grand Chamber judgment, the option of refusing to execute a European Arrest Warrant in order for the sentence to be executed in the Member State of residence must be equally applicable to third-country nationals The judicial authority must assess whether there is a legitimate interest justifying the execution in its territory of the sentence imposed in the issuing Member State.
Published 2 years, 7 months ago
News
Commission Proposes Reform of Victims' Rights Directive
On 12 July 2023, the Commission proposed that the EU will have in place more far-reaching minimum standards for victims of crime. The legislative initiative amends the 2012 Victims' Rights Directive (2012/29). The amendments aim at improving support, access to information and justice, and the obtainment of compensation. Targeted measures will also be introduced for vulnerable victims, such as children or people with disabilities.
Published 2 years, 7 months ago
News
ECJ: Art. 50 of the Charter Protects Volkswagen from Further Administrative Penalties in Italy
The Italian competition and market supervisory authority can no longer impose an administrative fine on Volkswagen (VW) for the installation of inadmissible defeat devices in their diesel vehicles after VW had received and paid a fine from the public prosecutor's office in Germany in the meantime and in the same context. This was decided by the ECJ in Case C-27/22 on 14 September 2023, following Advocate General Sanchez-Bodona's opinion of 30 March 2023.
Published 2 years, 7 months ago
News
Commission Proposes Comprehensive Reform of Customs Union
On 17 May 2023, the Commission put forward proposals for the most ambitious and comprehensive reform of the EU Customs Union since its establishment in 1968. The aim is that simplify customs processes and make them smarter and safer, including by means of an increased use of Artificial Intelligence, a new EU database and a new EU Customs Authority.
Published 2 years, 7 months ago
News
Commission Formally Closes Cooperation and Verification Mechanism for Bulgaria and Romania
On 15 September 2023, the European Commission formally closed the Cooperation and Verification Mechanism (CVM) for Bulgaria and Romania. The Commission concluded that all benchmarks had been satisfactorily met by both Member States.
Published 2 years, 7 months ago
News
Romania: ECJ Rules on the Independence and Impartiality of Bodies in Disciplinary Proceedings against Judges
On 11 May 2023, the ECJ ruled on the compatibility of the Romanian reform of the organisation of the judiciary that rearranged the Judicial Inspectorate and led to a concentration of powers in the hands of the Chief Inspector. The case (C-817/21, Inspecţia Judiciară …
Published 2 years, 7 months ago