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ECtHR: Extension of Exceptional Measures due to the Global Health Crisis
In a press release published on 9 April 2020, in the context of the global health crisis, the ECtHR extended the exceptional measures at the Court that had been applied since 16 March 2020 (see eucrim 1/2020, p. 30). The measures take into account …
Published 5 years, 10 months ago
News
CJEU Rules on Recognition of Probation Decisions
The recognition of a judgment suspending the execution of a custodial sentence, only under the condition that the accused does not commit new offences during a probation period, may fall within the scope of Framework Decision 2008/947/JHA. This was decided by the CJEU on …
Published 5 years, 10 months ago
News
AG: German Public Prosecutor’s Office Can be Considered “Judicial Authority” to Issue EIOs
In case C-584/19 (Staatsanwaltschaft Wien v A and Others), the CJEU was requested to answer the question of whether its case law on the independence of the (German) public prosecutor's office in relation to the European Arrest Warrant (see eucrim 1/2019, pp. 31-33) …
Published 5 years, 10 months ago
News
AG: Independence of Executing Judicial Authority Necessary to Decide on EAW Issues
In his opinion of 25 June 2020, Advocate General (AG) Campos Sánchez-Bordona supports not recognising a public prosecutor’s office exposed to the risk of being subject, directly or indirectly, to directions or instructions from the executive in specific cases as an authority that can …
Published 5 years, 10 months ago
News
Statistics on Use of EAW in 2018
On 2 July 2020, the European Commission published key statistics on the EAW for 2018. The publication is accompanied by the Commission’s implementation report on the FD EAW (see separate news item). The statistical report compiles replies to a questionnaire, providing quantitative information on …
Published 5 years, 10 months ago
News
European Arrest Warrant: Commission Sees Highlights and Lowlights
The European Arrest Warrant (EAW) remains a success story, but Member States must properly implement the instruments of mutual recognition, including the EAW, to achieve the objective of developing and maintaining a European area of freedom, security and justice. This was declared by Commissioners Věra …
Published 5 years, 10 months ago
News
Commission Assesses EU’s Asset Recovery and Confiscation Regime
On 2 June 2020, the Commission presented its report on asset recovery and confiscation, entitled “Ensuring that crime does not pay.” The proceeds of organised crime in the EU are currently estimated at about €110 billion per year. As reported by Europol, however, …
Published 5 years, 10 months ago
News
CJEU: Member States Must Sufficiently Compensate Victims
The Italian Supreme Court of Cassation referred questions on the applicability of Directive 2004/80/EC as regards compensation to crime victims and the amount of compensation provided therein. On 16 July 2020, the Grand Chamber of the CJEU delivered its judgment on the case (C-129/19 …
Published 5 years, 10 months ago
News
Commission Unsatisfied with Transposition of Victims’ Rights Directive
The full potential of the 2012 Victims’ Rights Directive (Directive 2012/29/EU) has not yet been reached. The implementation of the Directive is not satisfactory. This is particularly due to incomplete and/or incorrect transposition. These are the main conclusions of the recent Commission implementation …
Published 5 years, 10 months ago
News
Commission: Directive on European Protection Order Underused in Practice
The legislative implementation of Directive 2011/99/EU on the European Protection Order (EPO) in criminal matters is satisfactory, in particular the mechanism for recognising EPOs. The EPO has been applied only in few cases in practice, however; its full potential has not been reached. These are …
Published 5 years, 10 months ago