Search results

On 2 September 2021, the CJEU decided that EU law (i.e. Directive 2005/60/EC) does not preclude national legislation that provides that the offence of money laundering can also be committed by the perpetrator of the predicate offence, i.e. the criminal activity from which the money concerned was derived. As a result, the CJEU follows the opinion of AG Hogan in this case.

On 6 October 2021, the CJEU handed down a judgment, in which it clarifies its case law in Cilifit under which conditions national last instance courts may refrain from making a reference for a preliminary ruling. The Grand Chamber judgment reasserts the three situations in which national courts or tribunals of last instance are not subject to the obligation to make a reference for a preliminary ruling – an obligation laid down in Art. 267 TFEU.

This news items summarises the current state of play of negotiations on the planned e-evidence Regulation. Despite the very opposing starting points of the co-legislators, a compromise text could be reached on several issues.

In a judgment of 6 October 2021, the CJEU ruled on the question of the extent to which an executing authority may challenge the legal classification of an offence by the issuing authority in a category where double criminality is no longer to be examined.

On 6 October 2021, the CJEU delivered an important judgment on the implications of fundamental rights in the mutual recognition scheme. The case concerned the question of whether an executing authority may refuse the recognition of a financial penalty (on the basis of Framework Decision 2005/214/JI) if the issuing authority did not notify the decision to the person concerned in a language he/she understands.

On 7 October 2021, the Justice Ministers of the EU Member States discussed the need for action on pre-trial detention and detention conditions in the EU. The discussion was based on a non-paper by the European Commission of 24 September 2021.

On 15 July 2021, the European Commission referred Italy to the CJEU for the country’s failure to comply with the requirements for the exchange of information on terrorism and serious crime cases in accordance with Council Decisions 2008/615/JHA and 2008/616/JHA – the so-called “Prüm Decisions”. …

On 2 September 2021, the CJEU declared the request for a preliminary ruling by the Public Prosecutor’s Office of Trento, Italy inadmissible. The question of whether a German tax authority can issue EIOs without validation remains unanswered.

At the meeting of the Justice and Home Affairs Ministers of the EU Member States on 7 October 2021, the Slovenian Council Presidency presented an overview of the state of play of current legislative dossiers in the fields of security and criminal/civil justice.

On 7 October 2021, the European Parliament adopted a resolution that calls for a reform of the EU policy on harmful tax practices. The resolution makes several recommendations for the future EU work on harmful tax practices. The EP makes a concrete proposal for for a “Framework on Aggressive Tax Arrangements and Low Rates”, which would replace a current soft law instrument on business taxation.