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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.

On 6 April 2021, a working arrangement between the EPPO and the Office of the Prosecutor-General of Hungary entered into force. It aims to facilitate the practical application of the existing legal framework for judicial cooperation in criminal matters between the EPPO and Hungary.

AG Bobek provides his opinion in cases where the compatibility of findings of the Romanian Constitutional Court with EU law (including the protection of the EU's financial interests) are to be assessed. The cases were referred to the CJEU by the Romanian supreme court and a Romanian instance court. The AG considers the reference only partly successful.

In a report dated 31 March 2021, the Commission points out that key provisions of Directive 2016/343 on the presumption of innocence have been inadequately implemented in a number of EU Member States. Major deficiencies relate to the prohibition of public references to guilt and to the right not to incriminate oneself.

On 31 March 2021, the EU Agency for Fundamental Rights (FRA) presented its findings on how the rights to be presumed innocent, to remain silent and to be present at trial – as specifically spelled out in Directive 2016/343 – are applied in practice. The report is based on interviews with 123 legal practitioners in nine EU Member States. The FRA report stressed that problems in implementing the EU safeguards still persist.

Customs controls in the EU still considerably differ as a result of which the protection of the EU’s financial interests is hampered, the European Court of Auditors (ECA) stated in its Special Report 04/21 of 30 March 2021.

The EU must enhance its digital sovereignty in a self-determined and open manner, said EU leaders at the video conference of the European Council on 25 March 2021. The Council is invited to swiftly examine the Commission’s Communication on the 2030 Digital Compass …

This news item outlines the main rule-of-law developments in Hungary related to Union law. It continues the ongoing overview provided in previous eucrim issues.

This news item continues the last update provided in December 2020 on the rule-of-law situation in Poland as far as it relates to European law.