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EP Proposed Amendments to EU Treaties
Following the Conference on the Future of Europe and in the context of unprecedented challenges and multiple crises, on 22 November 2023, the EP adopted a resolution on proposals for amendments of the EU Treaties. The EP also called on the European Council to set up a Convention in order to move forward with the reform process.
Published 2 years, 3 months ago
News
ECJ Clarifies Assessment of "idem" Requirement
On 12 October 2023, the ECJ delivered a judgment in which it clarified the methods to asses the requirement of "same facts" under the principle ne bis in idem enshrined in Art. 54 CISA and Art. 50 CFR.
Published 2 years, 3 months ago
News
FCC: German Legislator Was Prohibited from Introducing Ground for Reopening Criminal Proceedings
On 31 October 2023, the German Federal Constitutional Court (FCC) declared a provision void that allowed the reopening of criminal proceedings if new evidence comes to light with regard to very severe offences. The legal basis - Section 362 no. 5 of the German Criminal Procedure Code is incompatible with the German Constitution's double jeopardy rule.
Published 2 years, 3 months ago
News
ECJ Clarifies Obligation to Inform Accused Person of Reclassification of Offence
On 9 November 2023, the ECJ decided that Union law obliges a criminal court to inform the accused person of a new envisaged legal classification of the criminal act in due time (Case C-175/22, BK). Bulgarian criminal procedure law as interpreted by the Bulgarian courts conflicts with this principle.
Published 2 years, 3 months ago
News
Commission Presents Package to Prevent and Fight Migrant Smuggling
On 28 November 2023, the Commission presented a bundle of measures to reinforce the prevention and fight against migrant smuggling. A new Directive will replace the current legal framework on the facilitation of unauthorised entry, transit and stay in the EU. A new Regulation is designed to strengthen police cooperation in the fight against migrant smuggling with a central, more important role of Europol.
Published 2 years, 3 months ago
News
EDPB/EDPS Joint Opinion on Proposal for a Regulation on the Establishment of the Digital Euro
The European Commission adopted a legislative package on the digital euro on 28 June 2023. It included a proposal to establish a legal framework for a possible digital euro. More specifically, the proposal establishes the framework for the European Central Bank (ECB) to issue the …
Published 2 years, 3 months ago
News
New Directive Amending EU Rules on Administrative Cooperation in Area of Taxation
On 24 October 2023, DAC8 was published in the Official Journal of the EU. The amendments targeting better administrative cooperation in the field of taxation aim to strengthen the fight against tax evasion, among others, by extending registration and reporting obligations and by including crypto assets into the scope of Directive 2011/16/EU.
Published 2 years, 3 months ago
News
EP Ready to Discuss Proposal to Combat Child Sexual Abuse Online
At the end of November 2023, the EP adopted its negotiating position on the new EU law on the prevention and combat of child sexual abuse online. The EP advocates a better balance between the need to fight child sexual abuse online and to avoid generalised monitoring of the internet. In addition, end-to-end encrypted material should be excluded from detection.
Published 2 years, 3 months ago
News
Change in EU List of Non-Cooperative Jurisdictions for Tax Purposes
The EU list of non-cooperative jurisdictions for tax purposes was updated on 17 October 2023. Three jurisdictions were added to the blacklist (Antigua and Barbuda, Belize, and Seychelles), two were moved to the "grey list" (British Virgin Islands and Costa Rica), and one country (Marshall …
Published 2 years, 3 months ago
News
VAT Gap Report 2023: Progress in VAT Compliance
On 24 October 2023, the Commission released the 2023 report on the VAT gap in the EU. The VAT gap refers to the difference between expected value-added tax (VAT) revenue and the actual amount collected. As VAT is an important contributor to both EU …
Published 2 years, 3 months ago