Press review – Week of 7 November 2022

In this press review, you will find clarifications from the Court of Cassation on the legality of an extradition of an EU national to another Member State, even in the absence of a European arrest warrant. The Court of Cassation also confirmed that excessive delays in criminal proceedings do not justify their cancellation. The Constitutional Council has ruled on the possibility for a third party to the proceedings to challenge an investigative act carried out in violation of the confidentiality of journalists' sources. Finally, you will find the new rules adopted by the European Parliament on the transparency of the impact of the activities and sustainability risks of large companies. Finally, an oil company has been summoned before the Paris court for "ecological damage" due to its activities in the Democratic Republic of Congo.

Requirements for the extradition of a EU national to a third State

The Court of Cassation ruled in favor of the extradition of a Luxembourg national, considering that a national of a European Union State can only be extradited to a third State if the State of which he is a national has decided not to issue a European arrest warrant, and even if no such warrant has been issued within a reasonable time. In the absence of a European arrest warrant, the requested Member State may proceed with the extradition, ensuring that it would not infringe the rights of the Charter of Fundamental Rights of the European Union. > Read article

#Tax enforcement: The implementation of the cumulation of criminal and administrative penalties for tax infringements

While the principle of cumulating criminal and administrative penalties for tax infringement is well entrenched, its implementation is subject to conditions that must be specifically substantiated. > Read analysis

No appeal for annulment of an act of investigation for journalists

While preparing a documentary on a prison escape, a journalist was placed under surveillance. She then filed a motion to annul the investigative acts in question, but this motion was declared inadmissible. On 28 October 2022, the Constitutional Council confirmed that the impossibility for a journalist, a third party to an investigation procedure, to present a request for the nullity of an investigative act infringing on the confidentiality of his or her sources, did not violate the rights and freedoms guaranteed by the Constitution. > Read article

The illegality of the traffic data collected by the AMF investigators

By a decision of 9 November 2022, the Court of Cassation reaffirmed its previous jurisprudence according to which the excessive length of a criminal proceeding cannot justify its cancellation. Indeed, the Court considers that being judged in an excessive delay does not, in itself, infringe the rights of the defense, and therefore does not constitute a cause of nullity of the proceedings. > Read article

Adoption by the European Parliament of the Corporate Sustainability Reporting Directive

On 10 November 2022, the European Parliament adopted a set of new rules under which European Union large companies must publish information on the social and environmental impacts of their activities and on the sustainability risks faced. In order to ensure the reliability of the information provided, the companies targeted by the legislative text will be subject to independent certifications and audits. >Read article

The oil company Perenco sued in Paris for “ecological damage” in the DRC

French company Perenco S.A. has been summoned to court by two organizations on the basis of ecological damage abroad. The Paris Court of Justice is asked to observe the company’s actions in the DRC under the lens of its civil liability. > Read article