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Showing posts from June, 2025

The Concept of Legal Professional Privilege in DAC 6 Reporting: A Challenge to Attorney-Client Confidentiality in Cyprus

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By George Kazoleas, Lawyer in Cyprus The Administrative Cooperation in the Field of Taxation (Amending) Law of 2021 was enacted in Cyprus to harmonize with Council Directive (EU) 2018/822 of 25 May 2018, which amends Directive 2011/16/EU regarding the mandatory automatic exchange of information in the field of taxation in relation to reportable cross-border arrangements ("DAC 6"). The Law, echoing the Directive, imposes an obligation on every "intermediary" to submit information within thirty (30) days to the competent authority concerning reportable cross-border arrangements that have come into their knowledge, possession, or control. According to the aforementioned Law, an "intermediary" is defined as any person who designs, markets, organizes, makes available for implementation, or manages the implementation of a reportable cross-border arrangement, and/or any person who, taking into account all relevant facts and circumstances, and based on ava...

57% of lawyers in Europe say they have faced threats and aggression and 1/3 have considered leaving the profession

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Council of Europe Deputy Secretary General,  Bjørn Berge , delivered on 16.6.2025 a keynote address in the Conference marking the adoption and opening for signature of the  Council of Europe Convention for the Protection of the Profession of Lawyer , which has been signed already by 17 states. In his speech, the Deputy Secretary General pointed out that in a recent CCBE survey, 57% of lawyers reported experiencing threats or aggression in the last two to three years. And that more than a third have considered leaving the profession entirely. He considered this inacceptable and a direct threat to democracy and the rule of law. “This is why the new Council of Europe Convention is critically important; to provide a shield for the lawyers and, through them, for the rule of law,” he said. The event was opened by the Director general, Directorate General Human Rights and Rule of Law, Gianluca Esposito. Other keynote speakers included the Commissioner for Human Rights, ...

Greek Administrative Court rules state liable for Covid-19 vaccine side effects due to "excessive sacrifice"

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Greece: The Administrative Court of First Instance of Athens, in its decision no. 4202/2025, has ruled that the Greek State is liable for damages sustained by an individual due to side effects following a preventive "COVID-19" vaccination. This landmark decision was issued in a compensation lawsuit filed against the Hellenic Republic. The Case: Seeking Compensation for Vaccine-Related Harm The lawsuit was brought by a plaintiff seeking compensation for material damage and moral harm (non-pecuniary damage), alleging that they suffered severe side effects after their preventive COVID-19 vaccination with a specific vaccine. The initial claim was for €461,835.26, but this amount was subsequently restricted during the proceedings. The plaintiff based their claim on two legal grounds: Article 105 of the Introductory Law of the Civil Code (EισNAK): This article concerns the State's liability for compensation arising from illegal acts or omissions of its organs in the exe...

Alleged misuse of EU agricultural funds: EPPO submits information to Hellenic Parliament

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The European Public Prosecutor’s Office (EPPO) in Athens (Greece) has referred on 19.6.2025 to the Hellenic Parliament information regarding the alleged involvement of two former Ministers of Rural Development and Food in criminal offences. The Greek Constitution provides that only the national Parliament has the power to investigate and prosecute serving or even former members of the Greek government.  As previously reported , the EPPO has an ongoing investigation into an alleged organised fraud scheme involving agricultural funds and corruption involving public officials of the Greek Payment and Control Agency for Guidance and Guarantee Community Aids (OPEKEPE). During this investigation, information emerged concerning the possible involvement of two former Ministers in aiding and instigating the misappropriation (breach of trust) of EU agricultural funds during the exercise of their official duties. According to Art. 86 of the Greek Constitution, if during an investigation...

Administrative fines in the total amount of €45.000.000 imposed on Vodafone by German Supervisory Authority for Data Protection

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The German Federal Supervisory Authority for Data Protection imposed a fine of €15 000 000 for insufficient supervision and auditing procedures regarding the partner agencies and imposed a reprimand for the weaknesses in the IT systems. Furthermore, it imposed a fine of €30 000 000 for insufficient security measures regarding the online service portal. The German Federal Supervisory Authority (SA) launched investigations regarding Vodafone GmbH’s partner agencies and its online service portal after having received external information outside of any complaints. Vodafone GmbH is a telecommunications service provider operating on the German market. The company uses different distribution channels, including local shops, of which some are operated by partner agencies. They are acting under the Vodafone brand and are bound to the company’s instructions. Their IT systems are based on hard- and software provided by Vodafone. Data Processing Agreements govern the processing of customer da...

EU's Rule of Law: A Fragile State, according to MEPs

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European Parliament’s draft assessment of the Commission’s 2024 Rule of Law Report paints a worrying picture about the state of European values. The report endorsed by the Committee on Civil Liberties with 50 votes in favour, 18 against, and four abstentions, takes stock of the  Commission’s 2024 Rule of Law Report  as well as developments across the member states. MEPs call firmer, more consistent enforcement of democratic principles by both member states and the Commission. To prevent backsliding, they ask for an “ever more comprehensive toolbox”, complemented by a “ smart conditionality ” mechanism to ensure that the suspension of EU funds cannot be misused against civil society and local authorities. They reiterate the call for a  fully-fledged mechanism  to protect and enforce  EU values in their entirety , while proposing methodological improvements to the Commission’s annual exercise. Among worrying developments identified this year, MEPs point to r...

The Accused's Right to the Last Word in Cyprus Criminal Proceedings: A Critical Analysis

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 Written by George Kazoleas, Lawyer The right of the accused to speak last (the "Last Word Right") within criminal proceedings is a fundamental manifestation of the presumption of innocence and is enshrined in the criminal procedure systems of the vast majority of legal orders worldwide. The utility of this procedural rule is evident: it aims to achieve equality of arms by balancing the positions of the two parties – the prosecutor/complainant and the accused – before the court's final verdict. In Cypriot criminal procedure, a recent amendment sought to improve an anachronistic procedural provision that critically undermined the accused's right to defence. The Prior Legal Framework Before the amendment introduced by Law 130 of 2023, Article 74(2) of the Criminal Procedure Law stipulated the following: "In every trial, the prosecutor and the accused or their respective lawyers may introduce their case by explaining it in general terms, and at the end of th...

"Death is not Justice – youth advocacy and awareness-raising for the abolition of the death penalty" :Workshop in Strasbourg

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The Council of Europe, in collaboration with its civil society partners “Ensemble contre la peine de mort” (ECPM) and the German Coalition to Abolish the Death Penalty, organised the workshop “Death is not Justice – youth advocacy and awareness-raising for the abolition of the death penalty” on 3-6 June 2025. The workshop took place at the European Youth Centre in Strasbourg. It was organised as part of the cooperation project “Death is not justice: abolition of the death penalty in Europe and beyond”, funded by voluntary contributions from France and Switzerland. The Agence Française de Développement (AFD) also supported the event. This workshop, the first two editions of which were held in  June 2023  and in  June 2024 , is in line with the implementation of the Reykjavik Summit Declaration: the Heads of State and Government indicated that the Council of Europe must continue its fight for the abolition of the death penalty, a direction that was confir...

Former minister sentenced to two years of imprisonment for abuse of office and authority  in Croatia

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The former Croatian Minister for Regional Development and EU Funds (MRRFEU) was convicted by the County Court of Zagreb (Croatia) and sentenced to two years of imprisonment for abuse of office and authority, as well as trading in influence. This conviction follows an  indictment  issued by the European Public Prosecutor’s Office (EPPO) in Zagreb.   As previously reported, the former minister, the former director of Croatia’s Central Finance and Contracting Agency (SAFU), and two business owners were accused of trading in influence, and of abuse of office and authority.  In 2017, the former minister launched a public procurement procedure for an information system and took actions to ensure a privileged position for a business owner and his companies. She inflated the estimated value of the procurement and decided to conduct a negotiated procurement procedure without publishing a public invitation to tender. The business owner's companies were then invited to subm...

Eight judges appointed to the EU Court of Justice

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11/6/2025: The representatives of the governments of the member states appointed a judge to the Court of Justice and seven judges to the General Court. First, Mr Marko Bošnjak (Slovenia) has been appointed judge to the Court of Justice as a replacement for Mr Marko Ilešic, who passed away, for the remainder of the term of office of the latter, which runs until 6 October 2027. Second, the appointments to the General Court are part of the partial renewal of its composition, since the terms of office of 26 judges will expire on 31 August 2025. In this context, Ms Raffaella Pezzuto (Italy) has been appointed judge to the General Court for a first term of office. The terms of office of Mr Johannes Laitenberger and Ms Gabriele Steinfatt (Germany), Ms Danute Jočienė  (Lithuania), Ms Maja Brkan and Mr Damjan Kukovec (Slovenia), and Mr Jörgen Hettne (Sweden) have been renewed. These appointme...

Ill-treatment of a trainee lawyer at a police station following an anti-globalisation demonstration: Italy violated Article 3 of the ECHR

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In   Chamber judgment dated 5.6.2025 in the case of Cioffi v. Italy (application no. 17710/15) the European Court of Human Rights held, unanimously, that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights, concerning both the police ill-treatment of Mr Cioffi, and the subsequent investigation. The case concerned the taking of Mr Cioffi, then a trainee lawyer to a Naples police station, where he had suffered alleged ill-treatment at the hands of police officers, including being punched while on his knees, and verbal and physical abuse when he had attempted to request information. This took place against the background of the Global Forum on Reinventing Government in Naples in 2001. The Court found in particular that the facts of his ill-treatment by the police had been clearly established by the Italian courts, which had described it, among other terms, as “particularly odious”. It also held the su...

European Ombudsman statement on EU Court judgement regarding how the Commission dealt with a request for access to text messages

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The European Ombudsman commented on the decision of the Court of Justice of the EU dated 14/5/2025 in Case T-36/23 (Stevi and The New York Times v Commission),related to the access to the text messages exchanged between President von der Leyen and the CEO of Pfizer. As mentioned in the statement of the European Ombudsman, “judgement is important for the principles of transparency in EU decision making and how those principles are applied in our new digital age. As text messages are regularly used as a form of communication by decision-makers, it is key that institutions ensure those messages are registered and retained as needed so that public access requests can be dealt with properly and efficiently. In particular, the Ombudsman notes that the Court ruled today (14.5.2025) that the way the Commission dealt with the access request to the text messages exchanged by the President of the Commission and the chief executive officer of a pharmaceutical company breached the principle o...

Revision of the regulations on air passenger rights and on airline liability

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Ministers for transport reached a political agreement on the revision of the regulations on air passenger rights and on airline liability. The new framework seeks to establish simpler and clearer rules for air passengers, while striking a better balance between a high level of protection for passengers and preserving connectivity and a level playing field for the aviation sector within the EU’s internal market. The Council position aims to strengthen and clarify several existing air passengers rights, together with the introduction of certain new rights. Key rights in the text include: the right to be rerouted the right to assistance the right to compensation in case of cancellations and delays the right to information The right to be rerouted Airlines must offer passengers rerouting at the earliest opportunity, including the possibility to be rerouted through flights operated by other carriers or alternative transport modes where suitable. ...

USA announced sanctions against four judges of the International Criminal Court (ICC)

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United States announced sanctions against four judges of the International Criminal Court. (ICC). Α s stated in the State Department announcement , the designations are made pursuant to Executive Order (E.O.) 14203,  which authorizes sanctions on foreign persons engaged in certain efforts by the ICC and aims to impose tangible and significant consequences on those directly engaged in the ICC’s transgressions against the United States and Israel.    The International Criminal Court (ICC) responded with a statement that it “deplores the additional designations for sanctions which were announced today (5.6.2025) by the United States of four judges of the Court: Second Vice-President Reine Adelaide Sophie Alapini Gansou (Benin), Judge Solomy Balungi Bossa (Uganda), Judge Luz del Carmen Ibáñez Carranza (Peru) and Judge Beti Hohler (Slovenia). These additional designations follow the earlier designation of Prosecutor Kar...

Guidelines on Article 48 GDPR (transfers or disclosures not authorised by Union law)

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The European Data Protection Board published the Guidelines 02/2024 on Article 48 GDPR about transfers or disclosures not authorised by Union law. Αs mentioned in the introduction to the guidelines, "article 48 GDPR provides that: “Any judgment of a court or tribunal and any decision of an administrative authority of a third country requiring a controller or processor to transfer or disclose personal data may only be recognised or enforceable in any manner if based on an international agreement, such as a mutual legal assistance treaty, in force between the requesting third country and the Union or a Member State, without prejudice to other grounds for transfer pursuant to this Chapter ”.  The purpose of these guidelines is to clarify the rationale and objective of this article, including its interaction with the other provisions of Chapter V of the GDPR, and to provide practical recommendations for controllers and processors in the EU that may receive requests from third country ...

Job position : Policy and Legal Officer in the International Organization for Migration

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The International Organization for Migration  (IOM) based in Geneva, Switzerland, seeks to recruit a Policy and Legal Officer with a Fixed-term  contract (1 year with possibility of extension). Established in 1951, IOM is a Related Organization of the United Nations, and as the leading UN agency in the field of migration, works closely with governmental, intergovernmental and non-governmental partners. IOM is dedicated to promoting humane and orderly migration for the benefit of all. It does so by providing services and advice to governments and migrants. Under the overall supervision of Chief, HR Policy and Staff Relations Division and direct supervision of the Senior HR Officer (Policy and Legal) and in close coordination with the Department of Legal Affairs,  General and Administrative Law Division, and other relevant units, the Policy and Legal Officer will be responsible and accountable for providing legal and HR policy advice, guidance and recommendati...

Failure of the appeal court to hear the two main witnesses directly when it sentenced the applicant : Fair trial breach (ECtHR)

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Applicant’s final conviction after first-instance acquittal, without both judges who convicted him hearing evidence directly from relevant witnesses, breached right to fair trial. In Chamber judgment in the case of Manolache v. Romania (application no. 7908/17) the European Court of Human Rights held, unanimously, that there had been: a violation of Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights.  The case concerned the fairness of criminal proceedings against the applicant, a police officer. On trial for influence peddling, he was initially acquitted but was then convicted in a final judgment by the Piteşti Court of Appeal. One of the two judges on the bench at last instance had not, however, taken evidence directly from all the witnesses.  The Court found, in particular, that the Court of Appeal, in its judgment of 2 November 2016, had indeed made a fresh interpretation of witness statements that were decisive in the case, but that both of t...

Swearing-in of a new judge in the European Court of Human Rights

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The Judge elected in respect of Slovenia, Vasilka Sancin, was formally sworn in in the Court's Main Hearing Room.  The judges are elected by the Parliamentary Assembly of the Council of Europe from lists of three candidates proposed by each State. They are elected for a non-renewable term of nine years. Although judges are elected in respect of a State, they hear cases as individuals and do not represent that State. They are totally independent and cannot engage in any activity that would be incompatible with their duty of independence and impartiality. Read as well:  Delays in national courts lead to violations of right to a fair trial (ECtHR)

The Property Buying Procedure in Cyprus: A Legal Guide

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Written by George Kazoleas, Lawyer in Cyprus The process of purchasing property in Cyprus differs significantly from the corresponding procedure in other countries. Crucially, the transfer of ownership in Cyprus is not subject to a notarial deed (there are no notaries in Cyprus), which necessitates particular attention and thorough due diligence on the part of the prospective buyer. Paradoxically, within the jurisdiction of the Republic of Cyprus, it is possible to sell a property that does not yet possess a title deed. This practice results in the distinction of property transfers into three (3) main categories: Purchase of property with immediate title deed transfer. Purchase of property via a Sale Agreement (Πωλητήριο Έγγραφο - POE). Purchase of property through the assignment of a Sale Agreement. Drafting and Depositing the Sale Agreement with the Land Registry The existence of a property's title deed represents the most secure option for the buyer, as it ensures th...