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AG Opinion on SIS II Alerts for No Longer Relevant Objects
In his opinion delivered on 7 July 2022, Advocate General (AG) Emiliou clarified the obligations placed upon the competent authorities of the Member States in circumstances where an alert has been entered in the second generation Schengen Information System (SIS II) for the seizure of an object or its use as evidence in criminal proceedings, when that alert is no longer considered relevant.
Published 3 years, 9 months ago
News
AG: No Automatic Non-Execution of EAWs Issued by Poland
At the end of July 2020, the Rechtbank Amsterdam referred to the CJEU the question of whether the "real risk" of an unfair trial due to the lack of independence of the Polish judiciary could justify a general ban on the execution of European Arrest …
Published 5 years, 4 months ago
News
European Chief Prosecutor: Slovakia May No Longer Effectively Protect EU’s Financial Interests
On 18 December 2023, European Chief Prosecutor Laura Codruța Kövesi sent a letter to the European Commission in which she pointed to several worrying amendments in the Slovak legislation that affect the rule of law as basis for the protection of the EU’s financial …
Published 2 years, 1 month ago
News
General Court: No Unlawful Conduct by OLAF vis-à-vis Former European Commissioner
On 6 June 2019, the General Court dismissed the action brought by former Maltese European Commissioner John Dalli in which he claimed compensation for non-material damage caused to him by alleged unlawful conduct against him by OLAF and the Commission (case T-399/17).
Published 6 years, 8 months ago
News
German Court: Surrender of Catalan Leader Puigdemont Possible But No Serious Flight Risk
The surrender of Carles Puigdemont, who promoted the independence of Catalonia from Spain, became a matter for German authorities. On 25 March 2018, while returning to Belgium from a trip to Finland, Puigdemont was apprehended north of Germany, near the border to Denmark.
Published 7 years, 10 months ago
News
ECtHR: Updated Guidelines on Implementation of Advisory Opinion Procedure under ECHR Protocol No. 16
On 25 September 2023, the ECtHR, sitting in for the Plenary Court (assembly of all ECtHR judges), approved an updated version of the Guidelines on the implementation of the advisory opinion procedure under Protocol No. 16 to the European Convention on Human Rights (“the Convention”). …
Published 2 years, 3 months ago
News
AG: EAWs Cannot Be Refused if there Are no Systemic & Generalised Deficiencies of Fair Trial Protection
In his opinion of 14 July 2022, AG Richard de la Tour took the view that a judicial authority cannot refuse to execute a European Arrest Warrant on the basis of the risk of violation of the right to a fair trial of the person sought if the existence of systemic or generalised deficiencies affecting the judicial system of the issuing Member State has not been demonstrated.
Published 3 years, 6 months ago
News
ECJ: No Obligation for Mutual Recognition of Decision Taken in Favour of a Person Requested for Extradition to a Third Country
On 19 June 2025, the ECJ ruled that an authority of an EU Member State is not obliged to mutually recognise a decision taken in another EU Member State that refused extradition of an individual to a third state. However, it must take due account of the reasons of this previous decision in its own assessment of a possible refusal on the ground of fundamental rights.
Published 11 months ago