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In a report dated 31 March 2021, the Commission points out that key provisions of Directive 2016/343 on the presumption of innocence have been inadequately implemented in a number of EU Member States. Major deficiencies relate to the prohibition of public references to guilt and to the right not to incriminate oneself.

On 31 March 2021, the EU Agency for Fundamental Rights (FRA) presented its findings on how the rights to be presumed innocent, to remain silent and to be present at trial – as specifically spelled out in Directive 2016/343 – are applied in practice. The report is based on interviews with 123 legal practitioners in nine EU Member States. The FRA report stressed that problems in implementing the EU safeguards still persist.

Customs controls in the EU still considerably differ as a result of which the protection of the EU’s financial interests is hampered, the European Court of Auditors (ECA) stated in its Special Report 04/21 of 30 March 2021.

The EU must enhance its digital sovereignty in a self-determined and open manner, said EU leaders at the video conference of the European Council on 25 March 2021. The Council is invited to swiftly examine the Commission’s Communication on the 2030 Digital Compass …

This news item outlines the main rule-of-law developments in Hungary related to Union law. It continues the ongoing overview provided in previous eucrim issues.

This news item continues the last update provided in December 2020 on the rule-of-law situation in Poland as far as it relates to European law.

In an open letter to the Commission, civil society organisations call on the Commission to take a clear stance in favour of a ban to admit biometric mass surveillance technologies in the EU.

On 25 March 2021, the ECtHR delivered a landmark judgment, in which it sets out the level of fundamental rights protection by the ECHR in cases of execution of European Arrest Warrants.

On 21 March 2021, the CCPE published Opinion No. 15 on “The role of public prosecutors in emergency situations, in particular when facing a pandemic.” It sheds light on the implementation of the usual tasks of prosecutors in emergency situations, their new or expanded tasks in response to such situations, the management of challenges faced by prosecutors in emergency situations, and the modalities of international cooperation during a pandemic.

The ECtHR introduced a new case management strategy that establishes a new category of “impact” cases. The new strategy aims to ensure that priority cases are identified, processed, and decided very quickly.