Letters of formal notice
Data protection: Commission launches infringement procedure against BELGIUM for lack of judicial remedy against the Parliament’s decision to dismiss of members of the Data Protection Authority
Today, the European Commission has decided to send a letter of formal notice to Belgium (INFR(2022)2160) for failing to fulfil its obligations under the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and the Charter of Fundamental Rights of the European Union. Two members of the Belgian Data Protection Authority (DPA) were dismissed in 20 July 2022. According to national legislation on the DPA, such dismissals are not open to any judicial remedy. The Commission considers that such national rule violates the GDPR and the right to an effective remedy and to a fair trial enshrined in the Charter. Dismissed members must have the right to an effective remedy before a tribunal, in order to guarantee that the conditions for the dismissal have been respected. Furthermore, ensuring a proper judicial remedy against such dismissals is essential to guarantee the effective independence of national DPAs. Belgium now has two months to reply to the Commission’s letter of formal notice. Otherwise, the Commission may decide to issue a reasoned opinion.
Parental child abduction: Commission launches infringement procedure against POLAND for failure to protect children in cross-border family proceedings
Today, the European Commission sent a letter of formal notice to Poland (INFR(2021)2001) for failure to fulfil its obligations under the Brussels IIa Regulation. The Regulation aims to protect children in the context of cross-border disputes relating to parental responsibility and child abduction. This infringement case concerns the non-conformity of the Polish law with the Brussels IIa Regulation, specifically the provisions relating to the enforcement of judgments or orders that require the return of abducted children to their place of habitual residence. The Commission considers that there is a systematic and persistent failure of Polish authorities to speedily and effectively enforce judgments ordering the return of abducted children to other EU Member States. Poland now has two months to reply to the Commission’s letters of formal notice and take the necessary measures to remedy the breach of EU law identified by the Commission. Failing this, the Commission may decide to issue a reasoned opinion.
Letters of formal notice and reasoned opinions
Combating racism and xenophobia: Commission sends letters of formal notice to ESTONIA, POLAND and FINLAND and urges GREECE and HUNGARY to correctly transpose EU law criminalising hate speech and hate crimes
The aim of the Framework Decision on combating racism and xenophobia by means of criminal law (Council Framework Decision 2008/913/JHA) is to ensure that serious manifestations of racism and xenophobia, such as public incitement to violence or hatred, are punishable by effective, proportionate and dissuasive criminal penalties throughout the European Union. Today, the European Commission sent additional letters of formal notice to Estonia (INFR(2016)2048), Poland (INFR(2020)2322) and Finland (INFR(2020)2320). The Commission had previously sent letters of formal notice to Estonia on 30 October 2020, and to Poland and Finland on 18 February 2021. These three Member States responded with new information relating to the concerns raised by the Commission. Having analysed this additional information, the Commission found further transposition issues – in addition to the concerns already raised in the letters of formal notice – that needed to be specifically addressed. To that end, the Commission decided to send the three Member States an additional letter of formal notice. The three Member States now have two months to reply to the Commission’s letter. Failing this, the Commission may decide to send them a reasoned opinion. Today, the Commission has also decided to send a reasoned opinion to Greece (INFR(2021)2063) and Hungary (INFR(2016)2078) for failing to fulfil their obligations to transpose the Framework Decision. On 9 June 2021, the Commission sent a letter of formal notice to Greece, asking for an appropriate level of criminalisation of hate speech. The Commission also sent a letter of formal notice to Hungary on 2 December 2021, calling it to criminalise public condoning, denial or gross trivialisation of international crimes and to ensure the required level of criminalisation of racist and xenophobic hate crimes in general. Greece and Hungary’s replies did not sufficiently address the Commission’s concerns. Therefore, the Commission has decided to send Greece and Hungary reasoned opinions. Greece and Hungary now have two months to reply to the Commission’s reasoned opinions. If the replies are not satisfactory, the Commission may decide to bring this matter before the Court of Justice of the European Union.
Reasoned opinions
Procedural rights: Commission sends reasoned opinions to BELGIUM, LATVIA, and PORTUGAL for incorrect transposition of EU rules on interpretation and translation in criminal proceedings
Today, the European Commission decided to send reasoned opinions to Belgium (INFR(2021)2102), Latvia (INFR(2021)2103) and Portugal (INFR(2021)2104) for failing to correctly transpose provisions of the Directive on the right to interpretation and translation in criminal proceedings (Directive (EU) 2010/64). The Directive is one of six directives adopted by the EU to create common minimum standards ensuring that the fair trial rights of suspects and accused persons are sufficiently protected across the EU. In particular, the Directive guarantees the right for suspects and accused persons in the EU to be provided with interpretation and translation during criminal proceedings, free of charge, into a language they understand. On 23 September 2021, the Commission sent letters of formal notice to these three Member States, asking them to take the necessary measures to address the shortcomings identified by the Commission. As the replies did not sufficiently address the Commission’s concerns, the Commission decided today to send reasoned opinions. The Member States concerned now have two months to respond to the reasoned opinions. If the replies are not satisfactory, the Commission may decide to refer these cases to the Court of Justice of the European Union.
Consumer Protection: Commission calls on LATVIA and PORTUGAL to fully transpose the EU rules for the modernisation of consumer protection
Today, the European Commission decided to send reasoned opinions to Latvia (INFR(2022)0127) and Portugal (INFR(2022)0159) for failing to fully transpose the provisions of Directive (EU) 2019/2161 for the better enforcement and modernisation of Union consumer protection rules. This directive amends four directives: the Unfair Commercial Practices Directive, the Consumer Rights Directive, the Unfair Contract Terms Directive, and the Price indication Directive. Member States had to transpose the Directive by 28 November 2021. On 27 January 2022, the Commission sent letters of formal notice to 22 Member States which did not notify any transposition measures or notified only partial transposition measures. On 29 September, the Commission sent reasoned opinions to seven Member States which still had not notified any transposition measures for this directive. Today, the Commission sent reasoned opinions to these two Member States, which have notified only partial transposition measures. These Member States now have two months to respond to the Commission’s reasoned opinions. If the replies are not satisfactory, the Commission may decide to refer their cases to the Court of Justice of the European Union.
Data protection: Commission calls on FINLAND to ensure an effective judicial remedy against inaction of the Data Protection Authority
The European Commission has decided today to send a reasoned opinion to Finland (INFR(2022)4010) for failing to provide the data subjects with an effective judicial remedy when the Data Protection Authority does not handle a complaint or does not inform the data subject within three months on the progress or outcome of the complaint. In Finland, such situations can be addressed through a complaint to the Chancellor of Justice or the Parliamentary Ombudsman. However, this remedy does not fulfil the requirements of an effective remedy before a court or a tribunal, as required by EU law. Therefore the Commission holds that Finland has failed to fulfil its obligations under the General Data Protection Regulation (Regulation (EU) 2016/679) and the Data Protection Law Enforcement Directive (Directive (EU) 2016/680), read in conjunction with the EU Charter of Fundamental Rights. On 6 April 2022, the Commission sent a letter of formal notice to Finland. As Finland’s reply did not address the Commission’s concerns, the Commission has decided today to send a reasoned opinion. Finland now has two months to reply; if the reply is not satisfactory, the Commission may refer the matter to the Court of Justice of the European Union.