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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, 4 months 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, 4 months 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, 4 months 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, 4 months 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, 4 months 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, 4 months 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, 4 months ago
News
First Statements on Commission's Anti-corruption Proposal
In the last couple of months and weeks, the Commission proposal for a directive to combat corruption (presented in May 2023), saw several statements by European institutions and national parliaments. Although many statements welcome the objective, they have criticised the text in many respects.
Published 2 years, 4 months ago
News
EPPO Signs Working Arrangement with Prosecutor’s Office of Bosnia and Herzegovina
On 21 November 2023, the EPPO and the Prosecutor’s Office of Bosnia and Herzegovina (POBiH) signed a working arrangement (WA). The purpose of the WA is to facilitate judicial cooperation in criminal matters and exchange of operational information between the parties. It also lays down …
Published 2 years, 4 months ago
News
Working Arrangement between EPPO and French FIU
On 26 October 2023, the EPPO and the Financial Intelligence Unit (FIU) of France (Tracfin) signed a working arrangement (WA). The WA establishes a structured and organisational framework for the cooperation between the two bodies. In particular, the WA aims to facilitate the exchange of …
Published 2 years, 4 months ago