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AG: Best Interest of Child Must Guide Decision to Execute EAW
According to Advocate General Ćapeta the execution of a European Arrest Warrant issued against a mother of small children may be refused when that is in the best interest of the child. Such a refusal is possible only if, after having contacted the issuing authority, the executing authority does not have sufficient information in order to be absolutely certain that the execution of the EAW would not go against the best interest of the child.
Published 2 years, 7 months ago
News
ECJ Ruled on the Prohibition of Double Jeopardy in Fraudulent Pyramid Schemes
On 21 September 2023, the ECJ delivered a judgment that assessed whether facts are identical if a criminal carried out a fraudulent pyramid scheme in Spain and Portugal. The judges in Luxembourg were of the opinion that this does not seem the case under the circumstances at issue.
Published 2 years, 7 months ago
News
ECJ: EAW Requires Equal Treatment of Third-Country Nationals
According to the ECJ's Grand Chamber judgment, the option of refusing to execute a European Arrest Warrant in order for the sentence to be executed in the Member State of residence must be equally applicable to third-country nationals The judicial authority must assess whether there is a legitimate interest justifying the execution in its territory of the sentence imposed in the issuing Member State.
Published 2 years, 7 months ago
News
Commission Proposes Reform of Victims' Rights Directive
On 12 July 2023, the Commission proposed that the EU will have in place more far-reaching minimum standards for victims of crime. The legislative initiative amends the 2012 Victims' Rights Directive (2012/29). The amendments aim at improving support, access to information and justice, and the obtainment of compensation. Targeted measures will also be introduced for vulnerable victims, such as children or people with disabilities.
Published 2 years, 7 months ago
News
2023 EU Justice Scoreboard: Focus on Fighting Corruption
On 8 June 2023, the Commission published the 2023 EU Justice Scoreboard, which provides an overview on the effective functioning of the Member States' judicial systems. This edition included new data on efficiency in the fight against corruption.
Published 2 years, 7 months ago
News
2022 EBA Review: Progress in the Fight Against ML/TF
On 11 July 2023, the European Banking Authority (EBA) published findings from the review it conducted in 2022 on how competent authorities are addressing money laundering and terrorist financing (ML/TF) risks in the banking sector. The EBA regularly conducts these reviews on the basis of …
Published 2 years, 7 months ago
News
2023 State of Schengen Report
On 16 May 2023, the European Commission presented the second State of Schengen Report as part of its initiative to strengthen Schengen governance (for the first report → eucrim 2/2022, 88-89) The report assesses the state of the Schengen area and acknowledges the need …
Published 2 years, 7 months ago
News
AG: Belgian Law Must Provide Right to an Effective Judicial Remedy against Supervisory Authority
In her opinion of 15 June 2023, AG Medina scrutinizes Belgian legislation in the field of law enforcement providing only indirect access to data subjects' rights via the supervisory data protection authority. From the perspective of EU law, what is critical is that the individual has no effective judicial remedy against the supervisory authority.
Published 2 years, 7 months ago
News
MLA Form for Judicial Cooperation between EU and UK Available
A standard form is now available by which to issue requests for judicial cooperation between the competent authorities of the EU and the UK and Northern Ireland. It was designed by the Specialised Committee established by Article 8(1)(r) of the Trade and Cooperation Agreement between …
Published 2 years, 7 months ago
News
Frontex Published Risk Analysis 2023/2024
In its annual Risk Analysis for the year 2023/2024, Frontex provides a comprehensive overview of the challenges at the EU’s external borders, especially irregular migration, secondary movements and returns as well as cross-border crime. According to the report, in 2022, about 332,000 illegal border-crossings at …
Published 2 years, 7 months ago