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Author: Thomas Wahl

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ECJ Rules on "Same Act" in Terrorist Offences
The EU's ne bis in idem principle prevents a person from being punished for individual terrorist acts if that person has already been punished by another Member State for involvement in a terrorist association with a view to preparing a terrorist act. This is the main statement in the ECJ's ruling of 11 September 2025 in Case C-802/23 (MSIG).
Published 4 months, 2 weeks ago
News
AG: High Hurdles for Executing Authority to Refuse Videoconference Hearing
In his opinion of 26 June 2025 on a case concerning the interpretation of the EIO Directive's provisions of videoconference hearings and the temporary transfer of persons in custody, AG Rantos advises that the ECJ strengthens the position of the issuing authority from Italy and declares incompatible the refusal by the executing Belgian authorities.
Published 4 months, 3 weeks ago
News
ECJ: Judicial Review under National Law Does Not Hinder Issuance of EIO by Administrative Authority
According to the ECJ's ruling of 10 July 2025 in WBS GmbH, an administrative authority that investigates crimes can be treated as "issuing authority" within the meaning of the EIO Directive, even if certain investigative measures sought (involving an interference with the fundamental rights of the person concerned) must, in accordance with national law, first be authorised by a judicial authority.
Published 4 months, 3 weeks ago
News
Eurojust: Overview of CJEU Case-Law on EIO
On 22 July 2025, Eurojust published the first comprehensive overview of the CJEU's case-law concerning the application of Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters. It aims to enhance the consistent application of the EIO.
Published 4 months, 3 weeks ago
News
AG: Domestic Enforcement in the Event of Refusal to Surrender on Grounds of Fundamental Rights
According to an opinion by AG Rantos, published on 10 July 2025, an EU Member State, which refuses to execute a European Arrest Warrant on the grounds that there is a risk of violation of the fundamental rights of the persons concerned in the issuing Member State, is obliged to order the enforcement of the sentence on its own territory.
Published 4 months, 3 weeks ago
News
ECJ: EU Member State Cannot Enforce Prison Sentence without Consent of Sentencing State
On 4 September 2025, the Grand Chamber of the ECJ decided that an EU Member State cannot enforce a custodial sentence imposed in another Member State itself without the consent of that State. The sentencing State may maintain the EAW and seek to have the person concerned back for enforcement of the prison sentence on its own territory.
Published 4 months, 3 weeks ago
News
Gradual Roll-out of Entry/Exit System Started
On 12 October 2025, the Schengen countries started the gradual roll-out of the Entry-Exit System. The system will register non-EU nationals’ external border crossings for short stays and includes biometric data and functionalities. The system should be fully operational by 10 April 2026.
Published 4 months, 3 weeks ago
News
General Court Orders Compensation for Damage Caused by OLAF Press Release
On 1 October 2025, the General Court ruled in favour of a Greek academic researcher who claimed that she was entitled to compensation for the damage she allegedly suffered following the publication, on 5 May 2020, of a press release from the European Anti-Fraud Office (OLAF) in that it unlawfully processed her personal data and conveyed false information about her.
Published 5 months ago
News
Third Additional Protocol to 1959 MLA Convention
At the Minister of Justice Conference, held in Valletta, Malta, on 19 September 2025, the Council of Europe opened for signature a new additional protocol to the 1959 Convention on Mutual Assistance in Criminal Matters. The briefly dubbed "Valletta Protocol" aims to reinforce the ability of CoE member states, as well as partner states, to adequately respond to crime.
Published 5 months, 1 week ago
News
Justice Ministers from CoE Member States Commit to Improving Cooperation in Cross-Border Crime
At a meeting held in Valletta, Malta, on 19 September 2025, the justice ministers from the Council of Europe member states adopted a declaration designed to foster cooperation in the fight against transnational crime.
Published 5 months, 1 week ago