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The article examines the “data protection gap” in EU law concerning the transfer of personal data from private companies to law enforcement authorities for criminal investigations. While commercial data processing falls under the proposed regulation and police/judicial processing under the proposed directive, transfers between the …

The ne bis in idem protection in Art. 50 CFR restricts the ability of EU and national enforcement authorities to prosecute or punish the same defendant for the same criminal offence more than once. Under the Member States’ legal traditions, the notion of “same offence“ …

In the context of the European Union’s area of freedom, security and justice (AFSJ), “the need to strike the right balance” between the effectiveness of criminal prosecution and cooperation in criminal matters, and the protection of fundamental rights, but also between the primacy of EU …

I. Preliminary Remarks Of the most significant innovations of the Treaty of Lisbon, one must refer to the conferral to the EU of a competence in criminal matters,1 according to which the national legislator, in some cases, is under the obligation to adopt criminal provisions implementing measures regulating criminalization decided at the supranational level. Indeed, according to Art. 83 TFEU, the EU legislative bodies – European Parliament and Council in co-decision − “establish, by means of directives adopted in accordance with the ordinary legislative procedure, minimum rules concerning the definition of criminal offences and sanctions.” Such a competence is conferred…

Strengthening the rule of law – and in particular judicial independence – has been on the EU agenda for several years and it is still a high priority. The situation in Poland and Hungary has confirmed that the measures provided in the Treaties are not …

Some EU Member States have already adopted broad-ranging whistleblowing legislation because of financial or public health scandals. In this context, the European Parliament suggested a draft directive to protect whistleblowers by offering a “horizontal” approach covering all public and private sectors. In 2018, the European …

In today’s fast-changing world, the issue of digitalisation – or “tech” – is rapidly moving up the agenda. This observation also very much applies to the anti-fraud domain. On the occasion of the 25th anniversary of the European Anti-Fraud Office (OLAF) in 2024, this article …

This article is linked with the article by Iwona Jaskolska that introduced the new instruments protecting the cohesion budget against rule-of-law breaches (→ related link). It outlines the practical implementation of the two complementary but independent legal procedures: the Conditionality Regulation and the horizontal enabling …

The uncertainties experienced throughout the COVID-19 pandemic have posed major challenges both to the law itself and to its application. Prognostic uncertainties and gaps in knowledge about the new virus, on the one hand, and the need to act quickly, on the other, confronted the …

One of the most controversially discussed and unresolved issues in extradition law, namely whether extradition can be denied because elements of a fair trial will not be ensured in the requesting (issuing) State, gained new momentum after the CJEU’s judgment in “LM” of 25 July …