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On 20 July 2021, the Commission presented its second EU-wide Report on the Rule of Law. The report consists of a Communication on the rule of law situation in the EU and of an assessment of the situation in each Member State. The report …

On 8 July 2021, the Commission published the 2021 EU Justice Scoreboard. The Justice Scoreboard is an annual overview providing comparative data on the efficiency, quality, and independence of justice systems in all EU Member States (for the Scoreboards of previous years, see eucrim …

Between August and September 2021, Union institutions made the Next Generation EU (NGEU) operational. The NGEU is the EU’s economic recovery instrument in order to overcome the adverse impacts of the COVID-19 pandemic. The NGEU fund will operate from 2021-2023 and tied with the EU’s …

This news item continues updates in previous eucrim issues on rule-of-law developments in Hungary (as far as they relate to European law). For the last overview → eucrim 2/2021, 72-73 with further references to previous reports.

This news item continues the overview of recent rule-of-law developments in Poland (as far as they relate to European law) since the last update in eucrim issue 2/2021, 71-72.

Bereits seit 1998 wird über eine einheitliche europäische Strafverfolgungsbehörde diskutiert. Nun hat die Europäische Staatsanwaltschaft (EUStA) nach einer langen Vorbereitungs- und Entstehungsphase am 1. Juni 2021 ihre operative Tätigkeit aufgenommen.

On 20 September 2021, the European Commission released the 32nd annual report on the protection of the EU’s financial interests. It gives an overview of the main developments in 2020 as regards the legislative, practical, and cooperation framework of the EU to fight fraud affecting the EU budget. The report also addresses the irregularities and fraud reported in 2020 and their related risks.

On 2 September 2021, the CJEU decided that EU law (i.e. Directive 2005/60/EC) does not preclude national legislation that provides that the offence of money laundering can also be committed by the perpetrator of the predicate offence, i.e. the criminal activity from which the money concerned was derived. As a result, the CJEU follows the opinion of AG Hogan in this case.

On 6 October 2021, the CJEU handed down a judgment, in which it clarifies its case law in Cilifit under which conditions national last instance courts may refrain from making a reference for a preliminary ruling. The Grand Chamber judgment reasserts the three situations in which national courts or tribunals of last instance are not subject to the obligation to make a reference for a preliminary ruling – an obligation laid down in Art. 267 TFEU.