Door het opstellen van een zogenoemd ontwerp adequaatheidsbesluit heeft de Europese Commissie medio december 2022 het startsein gegeven voor het vaststellen van dat besluit voor een EU-VS-kader voor gegevens privacy. Dat kader moet veilige trans-Atlantische gegevensstromen bevorderen en tegemoet komen aan de bezorgdheid die het Hof van Justitie van de Europese Unie medio 2020 in de Schrems II-kwestie in heeft geuit.
Read MoreCooperation between authorities conducting administrative investigations and those conducting criminal investigations at both the EU and Member State levels is essential to ensure a high level of protection in view of the EU's financial interests. However, the legal framework governing the role and competences of individual authorities at the EU level seems much clearer than the corresponding national legal frameworks of the Member States. Indeed, at the Member State level, the legal frameworks for conducting investigations, whether administrative or criminal, significantly differ from Member State to Member State. Likewise, there is no clear legal framework at the EU level that defines and sets standards regarding the mandatory control mechanisms that must be established at the level of the entire system for the protection of the EU’s financial interests in the Member States. This also applies in relation to the players that need to be involved in the protection of the EU's financial interests. The article tackles the issue of the necessity to harmonise both criminal and administrative legislation at the level of Member States as well as the need for a clear definition of which players should be involved in the protection of the EU budget.
Read MoreEen advocaat die een consument een uurtarief in rekening brengt zonder vooraf een indicatie te geven van de totale kosten, handelt in strijd met het Unierecht. Dat is de strekking van een uitspraak van het Hof van Justitie van de Europese Unie over een zaak in Litouwen.
Read MoreThe European Commission and the European Public Prosecutor’s Office (EPPO) have a joint interest in effectively fighting, and mitigating the effects of, crimes against the EU’s financial interests. In 2021, they concluded an agreement to translate this mutual interest into concrete cooperation measures. Their cooperation is unique in the EU’s anti-fraud architecture, having regard to the Commission’s specific responsibility for managing and protecting the EU budget and the EPPO’s novel nature as the first EU body with criminal prosecution tasks. This article sets off the Commission’s initial negotiation objectives against the results and future outlook of their mutual cooperation.
Read MoreCooperation between authorities conducting administrative investigations and those conducting criminal investigations at both the EU and Member State levels is essential to ensure a high level of protection in view of the EU's financial interests. However, the legal framework governing the role and competences of individual authorities at the EU level seems much clearer than the corresponding national legal frameworks of the Member States. Indeed, at the Member State level, the legal frameworks for conducting investigations, whether administrative or criminal, significantly differ from Member State to Member State. Likewise, there is no clear legal framework at the EU level that defines and sets standards regarding the mandatory control mechanisms that must be established at the level of the entire system for the protection of the EU’s financial interests in the Member States. This also applies in relation to the players that need to be involved in the protection of the EU's financial interests. The article tackles the issue of the necessity to harmonise both criminal and administrative legislation at the level of Member States as well as the need for a clear definition of which players should be involved in the protection of the EU budget.
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