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CEPEJ: 2018 Report on European Judicial Systems
On 4 October 2018, the European Commission for the Efficiency of Justice of the CoE (CEPEJ) published its seventh evaluation report, based on data from 2016,on the main trends in the judicial systems of 45 European countries.
Published 7 years, 5 months ago
News
Practical Adviser on the Use of Channels for Information Exchange
In July 2018, the Working Party on Information Exchange and Data Protection (DAPIX) published a Practical Adviser complementing the Manual on Law Enforcement Information Exchange.
Published 7 years, 5 months ago
News
German Bar Association Highly Critical of EU’s e-evidence Initiative
On 4 September 2018, the German Bar Association (Deutscher Anwaltverein − DAV) published a statement on the two legislative proposals of the Commission on e-evidence (see eucrim 1/2018, pp. 35-36). The statement (SN 42/18) criticises the initiative.
Published 7 years, 5 months ago
News
CJEU: Special Recognition Procedure Not in Line with EU Law
On 5 July 2018, the CJEU ruled that Framework Decision 2008/675/JHA precludes Hungarian procedural rules on the recognition and validity of final criminal judgments previously handed down by the court of another Member State (Case C-390/16 [Lada]).
Published 7 years, 5 months ago
News
German Court Held Extradition of Catalan Leader Puigdemont Partly Inadmissable
In the most prominent European Arrest Warrant case in Germany in recent time, the possible surrender of former Catalan Regional President Carles Puigdemont to Spain, the First Senate for Criminal Matters of the Higher Regional Court of the State of Schleswig-Holstein rendered its final admissibility decision on 12 July 2018.
Published 7 years, 5 months ago
News
CJEU Blames Hungary for Non-Execution of Croatian EAW for Corruption
On 25 July 2018, the CJEU rendered an important judgment on the obligations of the executing authority in the European Arrest Warrant (EAW) system. Furthermore, the judgment interprets the refusal grounds of Art. 3 No. 2 and Art. 4 No. 3 FD EAW.
Published 7 years, 5 months ago
News
CJEU: Refusal of EAW in Case of Fair Trial Infringements Possible as Exception
On 25 July 2018, the CJEU delivered its judgment on the non-execution of European Arrest Warrants (EAWs) in cases of systemic deficiencies regarding the independence of the judiciary (Case C-216/18 PPU [“LM”]).
Published 7 years, 5 months ago
News
CJEU Clarifies Position on Non-Surrender in Case of Poor Detention Conditions (“Aranyosi III”)
On 25 July 2018, the CJEU rendered afurther landmark judgment on the question as to which extent judicial authorities in the executing Member State can refuse surrender after a European Arrest Warrant if detention conditions in the issuing Member State risk violating the fundamental right against inhuman or degrading treatment (Art. 4 CFR).
Published 7 years, 5 months ago
News
CJEU: UK’s Decision to Withdraw from EU Does Not Affect the Execution of EAWs
On 19 September 2018, the European Court of Justice (CJEU) decided on the impact of Brexit on the execution of European Arrest Warrants (EAWs) issued by the UK (Case C-327/18 PPU).
Published 7 years, 5 months ago
News
CJEU: New Italian Law on Unpaid VAT Compatible with EU Rules
On 2 May 2018, the CJEU rendered a judgment in Case C-574/15 (criminal proceedings against Mauro Scialdone). The case concerns the interpretation of Art. 4(3) TEU and Art. 325 TFEU, Council Directive 2006/112 on the common system of value added tax (the “VAT Directive”) and the PIF Convention of 26 July 1995.
Published 7 years, 5 months ago