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EU Imposes First Sanctions for Human Rights Violations
After the adoption of the EU Global Human Rights Sanctions Regime – also dubbed the “European Magnitsky Act” – in December 2020, the EU started to impose the first restrictive measures to individuals in March 2021.
Published 5 years, 2 months ago
News
Executive Board Starts Implementation of Conference on the Future of Europe
The Executive Board of the Conference on the Future of Europe started the implementation of the European citizens' participation in the discussions on the future shape and orientation of the EU.
Published 5 years, 2 months ago
News
New E-Evidence Legislation: Trilogue Started – Criticism on EP Stance
After the European Parliament adopted its position on the e-evidence package in December 2020 (→ eucrim 4/2020, 295-296), trilogue negotiations between the EP, the Council, and the Commission started on 10 February 2021. The Council had already presented its general approach in 2018 (→ …
Published 5 years, 3 months ago
News
Commission Report on ECRIS
On 21 December 2020, the Commission presented its second statistical report on the European Criminal Records Information System (ECRIS). This system has allowed judicial authorities to easily exchange information on previous criminal convictions since 2012. The purpose of the report is to present the compliance …
Published 5 years, 3 months ago
News
AG: Tax Authority Cannot Issue EIO without Prior Judicial Validation
In his Opinion of 11 March 2021 in Case C-66/20 (XK / Finanzamt für Steuerstrafsachen und Steuerfahndung Münster), Advocate General (AG) Sánchez-Bordona rejects the authorisation of administrative authorities – despite exercising powers as a prosecution office in criminal tax matters – to issue …
Published 5 years, 3 months ago
News
CJEU: National Arrest Decision and EAW Cannot be Issued by Public Prosecutor Alone
On 10 March 2020, the CJEU decided on the consequences of the Bulgarian criminal procedure system, under which both the European arrest warrant and the decision on which it is based had been issued by the Bulgarian public prosecutor without court review prior to surrender. …
Published 5 years, 3 months ago
News
CJEU: Consequences of Invalid EAWs for Pre-Trial Detention in the Issuing State
In Case C-414/20 PPU (“MM”), the CJEU had to rule on the consequences if a Member State issued a European Arrest Warrant (EAW) without prior judicial decision that orders the arrest of the requested person. In the case at issue, MM was prosecuted …
Published 5 years, 3 months ago
News
CJEU Rules on Compliance of FD EAW with Charter of Fundamental Rights
In its judgment of 28 January 2021 in Case C-649/19 (“criminal proceedings against IR”), the CJEU took a stance on the extent of a person’s rights of information if he/she is subject to a European Arrest Warrant (EAW). In addition, the CJEU …
Published 5 years, 3 months ago
News
EP Adopted Own Report on EAW Implementation
On 20 January 2021, the European Parliament adopted its own initiative report on the implementation of the European Arrest Warrant. While MEPs consider that the EAW is “generally a success” and has “positive effects on the maintenance of the AFSJ,” they believe that the time is ripe to improve and update the instrument, particularly since digital transformations have changed the ecosystem of crime.
Published 5 years, 3 months ago
News
CJEU: Bulgarian Confiscation Rules Excluding Rights for Third Parties Acting in Good Faith Are Contrary to EU Law
In its judgment of 14 January 2021, the CJEU clarified EU Member States’ obligations with regard to Framework Decision 2005/212/JHA on confiscation of crime-related proceeds, instrumentalities, and property. The case (C-393/19, “OM”) dealt with the rights of third parties acting …
Published 5 years, 3 months ago