Search results

2585 results found

Type: News

Refine by content type:
News
ECtHR: Reform of Rule on Interim Measures
On 26 June and 6 November 2023, in the context of wider procedural reforms, the ECtHR, sitting in for the Plenary Court (assembly of all ECtHR judges), adopted several decisions clarifying and codifying its existing practice relating to interim measures. Under the ECHR system, …
Published 2 years, 1 month ago
News
WJP Rule of Law Index 2023: Global Rule of Law Continues to Decline
Amid alarming global developments, the integrity of the rule of law is on a decline, affecting more than six billion individuals globally. The 2023 Rule of Law Index released by the World Justice Project (WJP) on 25 October 2023 highlights the ongoing erosion in global …
Published 2 years, 1 month ago
News
New National Member for Portugal at Eurojust
Since 8 November 2023, Mr José Luis Ferreira Trindade has been a Eurojust National Member for Portugal. Mr Trindade can look back on a long-standing career with Eurojust, where he started as Assistant to the National Member in 2016 and then became Deputy National Member …
Published 2 years, 1 month ago
News
AG: EncroChat Data Can, in Principle, Be Used in Criminal Proceedings
On 26 October 2023, Advocate General (AG) Tamara Ćapeta released her opinion on the reference for a preliminary ruling with regard to the EncroChat case. In the case at issue, the Regional Court of Berlin, Germany, asked several questions as to the lawfulness of …
Published 2 years, 1 month ago
News
ECJ: Bulgarian Penalty for Trade Mark Infringement Disproportionate
In its judgment of 19 October 2023 in Case C-655/21 (G. St. T.), the ECJ interpreted the principles of legal certainty and proportionality as enshrined in Art. 49(1) and (3) CFR in the context of the incrimination of trade mark infringements under Bulgarian law.
Published 2 years, 1 month ago
News
ECJ: Deficiencies in Fair Trial Protection Can Block Recognition of Custodial Sentence
If there are deficiencies in the rule of law, which have an impact on the concrete criminal decision, not only extradition but also the execution of a prison sentence can be refused. This was decided by the ECJ on 9 November 2023 upon a referral by the Regional Court of Aachen (Germany).
Published 2 years, 1 month ago
News
AG: Decision Granting Refugee Status Not Binding for Extradition
A Member State is not bound by the decision of another Member State regarding the recognition of refugee status within the meaning of the Geneva Refugee Convention. This is the view taken by Advocate General (AG) Jean Richard de la Tour in his Opinion of 19 October 2023 in Case C-352/22 referred by the Higher Regional Court of Hamm, Germany.
Published 2 years, 1 month ago
News
Balancing Privacy and Scrutiny: GDPR in the Spotlight as Parliamentary Inquiries Unfold
In its judgment of 16 January 2024, the ECJ clarified to which extent a parliamentary inquiry committee that scrutinizes national security activities is subject to the obligation under the General Data Protection Regulation (GDPR) and to which extent compliance with the GDPR must be monitored …
Published 2 years, 1 month ago
News
ECJ: Public Prosecutor's Order to Discontinue Proceedings due to Lack of Evidence Triggers ne bis in idem Rule
In its judgment in Terhelt5, the ECJ concluded that the public prosecutor's decision in one EU Member State to close criminal proceedings against a suspect due to lack of sufficient evidence can trigger the ne bis in idem principle. The judgment includes several clarifications on the condition whether a decision can be considered "finally disposed of" within the meaning of Art. 54 CISA/Art. 50 CFR.
Published 2 years, 1 month ago
News
Civil Society Organisations Warn against UK's Participation in Prüm II
In a statement of 31 October 2023, 15 civil rights organisations from across Europe raised concerns over the United Kingdom's participation in the EU's Prüm II scheme. Prüm II is designed to expand the types of data that can be searched and exchanged by …
Published 2 years, 1 month ago