| Legal instrument | Entry into force | Country Notification | Related National legislation | Additional Information |
|
2002/584/JHA: Council Framework Decision 2002/584/JHA of 13 June 2002 on the **n_European Arrest Warrant_n** and the surrender procedures between Member States
|
7 Meith 2004
| Notification under arts. 6.3, 7.1, 7.2 and 25.2 EAW by Malta | Extradition (Designated Foreign Countries) Order of 7 June 2004, S.L. 276.05 (Extradition Act-Cap.276) | Implementation of Framework Decision on EAW by Member States. April 2020 |
|
2009/299/JHA: Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to **n_decisions rendered in the absence_n** of the person concerned at the trial
|
| - | • Extradition (Designated Foreign Countries) Order, LN320 of 2004 amended by L.N. 213 of 2011
• Financial Penalties (Execution in the European Union) Regulations (S.L 9.14) amended by LN 468 of 2010
• Confiscation Orders (Execution in the European Union) Regulations (S.L 9.15- LN 464 of 2010) amended by LN 426 of 2012
• Custodial Sentences or Measures Involving Deprivation of Liberty Orders (Execution in the European Union) Regulations, L.N. 55 of 2012;
• The Probation Act – Cap 446 amended by Act XXIII of 2012.
| - |
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2000/383/JHA: Council Framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against **n_counterfeiting_n** in connection with the introduction of the euro (replaced by Directive
2014/62/EU)
|
14 Beal 2004
| - | Central Bank of Malta Act (Articles 49-55) – Cap.204. | - |
|
Council Framework Decision 2001/220/JHA of 15 March 2001 on the **n_standing of victims_n** in criminal proceedings (replaced by Directive 2012/29/EU)
|
| - | Criminal Code, Criminal Injuries Compensation Scheme Regulations. S.L. 9.12 which transposes Council Directive 2004/80/EC relating to
compensation to crime victims (which replaces this Framework Decision), Criminal Code | - |
|
[**N_replaced by Directive 2019/713_n**] 2001/413/JHA: Council Framework Decision 2001/413/JHA of 28 May 2001 **n_combating fraud_n** and counterfeiting of non-cash means of payment
|
| - | Articles 41, 42, 83C, 121D, 183-189A, 293, 294, 308-310BA, 337B-337D, Criminal Code (Cap.9). | - |
|
2001/500/JHA: Council Framework Decision 2001/500/JHA of 26 June 2001 on **n_money laundering_n**, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime
|
14 Beal 2004
| - | Prevention of Money Laundering Act Cap 373, ACT XIX of 1994 as amended by: Act II of 1998; Legal Notice 71 of 1999; Acts XXXI of 2001, III of 2002, and III and XIII of 2004 | - |
|
2002/465/JHA: Council Framework Decision 2002/465/JHA of 13 June 2002 on **n_joint investigation teams (JIT)_n**
|
29 Beal 2012
| - | Joint Investigation Teams (EU Member States) Regulations. S.L. 9.18, Criminal Code Cap.9 | - |
|
2002/475/JHA: Council Framework Decision 2002/475/JHA of 13 June 2002 on **n_combating terrorism_n** (repealed and replaced by Directive 2017/541)
|
6 Meith 2012
| - | Articles 328A-328M, Criminal Code (Cap 9) | - |
|
2002/629/JHA: Council Framework Decision 2002/629/JHA of 19 July 2002 on **n_combating trafficking in human beings_n** (replaced by Directive 2011/36)
|
| - | Implementation date 14 May 2004, 22nd June 2010, 6th December 2013. This was replaced by Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims and replacing Council Framework Decision 2002/626/JHA. National legislation: Articles 248A-248F of the Criminal Code (Cap.9), Act III of 2004, Act VII of 2010 as Amended by Act XVIII of 2013. | - |
|
2002/946/JHA: Council Framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of **n_unauthorised entry, transit and residence_n**
|
| - | Implemented in 2002. Article 32, Immigration Act, Cap. 217. | Report from the Commission on the implementation of this Framework Decision. |
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2003/568/JHA: Council Framework Decision 2003/568/JHA of 22 July 2003 on **n_combating corruption_n** in the private sector
|
14 Beal 2004
| Notification letter by Malta on the Framework Decision on Corruption in the private sector | Articles 112-127 Criminal Code, Cap.9 | - |
|
2003/577/JHA: Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of **n_orders freezing property or evidence_n** (Still applicable for Denmark and Ireland; for other MS replaced by Regulation 2018/1805)
|
7 Noll 2007
| - | Freezing Orders (Execution in the European Union) Regulations, S.L. 9.13 (Criminal Code-Cap.9) | Complementary information provided by the Council Secretariat |
|
2004/68/JHA: Council Framework Decision 2004/68/JHA of 22 December 2003 on combating the **n_sexual exploitation of children and child pornography_n** (replaced by
Directive 2011/93/EU)
|
| - | Implementation date: 31 December 2007; 22 June 2010, 18 March 2014 : this Framework Decision was replaced by Directive 2011/92/EU.
National legislation: Articles 203-209A, Criminal Code, Cap 9, (Act XXXI of 2007;
Act VII of 2010, Act IV of 2014; | Framework Decision replaced by Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography of 13 December 2011 , and replacing Council Framework Decision 2004/68/JHA (table of status of implementation) which this country has implemented. |
|
2004/757/JHA: Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit **n_drug trafficking_n**
|
| - | Medical and Kindred Professions Ordinance (Ch 31);
Article 22 Dangerous Drugs Ordinance (Ch 101); | - |
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2005/212/JHA: Council Framework Decision 2005/212/JHA of 24 February 2005 on **n_Confiscation of Crime-Related Proceeds_n**, Instrumentalities and Property
|
| Notification by Malta of the implementation of the Framework Decision on Confiscation of Crime-related Proceeds | Articles 23-23C of Criminal Code | - |
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2005/222/JHA: Council Framework Decision 2005/222/JHA of 24 February 2005 on **n_attacks against information systems_n** (replaced by Directive 2013/40/EU)
|
| - | Implemented in 2010. Articles 337B-H, Criminal Code – Cap.9; | - |
|
2005/214/JHA: Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to **n_financial penalties_n**
|
16 DFómh 2009
| Notification of the implementation of the Framework Decision on Financial Penalties by Malta | Financial Penalties (Execution in the European Union). Regulations - LN 268 of 2009, S.L. 9.14, (Criminal Code –Cap.9);
The legislation entered into force on 06/11/2009 and started to apply to decisions issued after the 22/03/2007 | Complementary information provided by the Council Secretariat |
|
2006/783/JHA: Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to **n_confiscation orders_n** (Still applicable for Denmark and Ireland; for other MS replaced by Regulation 2018/1805)
|
22 DFómh 2010
| Notification of the implementation of the Framework Decision on Confiscation Orders by Malta | Confiscation Orders (Execution in the European Union). Regulations, S.L. 9.15- (Criminal Code – Cap 9). It applies to decisions issued after 24/11/2008. | Complementary information provided by the Council Secretariat |
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2006/960/JHA: Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the **n_exchange of information and intelligence_n**
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18 Noll 2006
| - | Regulation 9, Data Protection (Processing of Personal Data in the Police Sector) Regulations, S.L. 440.05 and Articles 117, 117A u 117B of the Police Act (Cap.164) | - |
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2008/675/JHA: Council Framework Decision 2008/675/JHA of 24 July 2008 on **n_taking account of convictions_n** in the Member States of the European Union in the course of new criminal proceedings
|
1 Lún 2014
| - | Article 49-50, Criminal Code (Cap 9) | - |
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2008/841/JHA: Council Framework Decision 2008/841/JHA of 24 October 2008 for **n_organised crime_n**
|
| - | Article 83A of the Criminal Code, Cap.9 | - |
|
2008/909/JHA: Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing **n_custodial sentences or measures involving deprivation of liberty_n** for the purposes of their enforcement
|
3 Feabh 2012
| Notification by Malta on the implementation of the Framework Decision on Transfer of prisoners | Custodial Sentences or Measures Involving Deprivation of Liberty Orders (Execution in the European Union) Regulations, L.N. 55 of 2012, S.L. 9.15, (Criminal Code Cap.9) | Complementary information provided by the Council Secretariat
Complementary information: Declarations under Article 7(4) -double criminality- and Article 28(2) -transitional provision- |
|
2008/913/JHA: Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of **n_racism and xenophobia_n** by means of criminal law
|
17 Iúil 2009
| - | Articles 82A-82E, Article 83B, 222A of the Criminal Code, Cap 9,as amended by Act XI of 2009, Act VIII of 2012 (26 June 2012) and Act XXIV of 2014 (1st August 2014) | - |
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2008/919/JHA: Council Framework Decision 2008/919/JHA of 28 November 2008 **n_amending Framework Decision 2002/475/JHA on combating terrorism_n** (repealed and
replaced by Directive 2017/541)
|
17 Iúil 2009
| - | Articles 328A-328M, Criminal Code (Cap 9) as amended by Act IX of 2009 | - |
|
2008/947/JHA: Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of **n_probation measures and alternative sanctions_n**
|
7 Noll 2012
| - | Act XXIII of 2012 -Probation Act – Cap 446 | Complementary information provided by the Council Secretariat |
|
2008/977/JHA: Council Framework Decision 2008/977/JHA of 27 November 2008 on the **n_protection of personal data_n** processed in the framework of police and judicial cooperation in criminal matters
|
8 Meith 2012
| - | Processing of Personal Data (Police and Judicial Cooperation in Criminal Matters) Regulations, LN 198 of 2011, (.Data Protection Act- Cap 440) | - |
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2009/315/JHA: Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of **n_exchange of information extracted from the criminal record_n** between Member States
|
29 Aib 2016
| - | Subsidiary Legislation 77.01: ‘Organisation and Content of the Exchange of Information from the Criminal Record between Malta and Other States Regulations’ | - |
|
2009/829/JHA: Council Framework Decision 2009/829/JHA of 23 October 2009 for **n_supervision measures_n**
|
16 Lún 2013
| - | Decisions on Supervision Measures (Execution in the European Union) Regulations, S.L. 9.19 (Criminal Code – Cap 9) | Complementary information provided by the Council Secretariat |
|
2009/948/JHA: Council Framework Decision 2009/948/JHA of 30 November 2009 for **n_conflicts of jurisdiction_n**
|
25 Aib 2014
| - | Prevention and Settlement of Conflicts of Exercise of Jurisdiction in Criminal Proceedings Regulations - S.L. 9.20 (Criminal Code – Cap 9) | Complementary information provided by the Council Secretariat |
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2001/40/EC: Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the **n_expulsion of third country nationals_n**
|
| - | National Implementing Measures provided to the European Commission | - |
|
2002/90/EC: Directive 2002/90/EC of 28 November 2002 defining the facilitation of **n_unauthorised entry, transit and residence_n**
|
-
| - | - | - |
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2004/80/EC: Directive 2004/80/EC of 29 April 2004 relating to **n_compensation to crime victims_n**
|
| - | National Implementing Measures provided to the European Commission | - |
|
2005/35/EC: Directive 2005/35/EC of 7 September 2005 on **n_ship-source pollution_n** and on the introduction of penalties for infringements
|
| - | National Implementing Measures provided to the European Commission | - |
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2005/60/EC: Directive 2005/60/EC of 26 October 2005 on the prevention of the use of the financial system for the purpose of **n_money laundering and terrorist financing_n** (replaced by Directive (EU) 2015/849)
|
| - | National Implementing Measures provided to the European Commission | - |
|
2006/70/EC: Directive 2006/70/EC of 1 August 2006 laying down **n_implementing measures for Directive 2005/60/EC_n**
|
| - | National Implementing Measures provided to the European Commission | - |
|
2008/99/EC: Directive 2008/99/EC of 19 November 2008 on the **n_protection of the environment_n** through criminal law
|
| - | National Implementing Measures provided to the European Commission | - |
|
2009/123/EC: Directive 2009/123/EC of 21 October 2009 **n_amending Directive 2005/35/EC on ship-source pollution_n** and on the introduction of penalties for infringements
|
| - | National Implementing Measures provided to the European Commission | - |
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2010/64/EU: Directive 2010/64/EU of 20 October 2010 on the **n_right to interpretation and translation in criminal proceedings_n**
|
| - | National Implementing Measures provided to the European Commission | - |
|
2011/36/EU: Directive 2011/36/EU of 5 April 2011 on preventing and combating **n_trafficking in human beings_n**, and replacing Council Framework Decision 2002/629/JHA
|
6 Aib 2013
| - | National Implementing Measures provided to the European Commission | - |
|
2011/82/EU: Directive 2011/82/EU of 25 October 2011 facilitating the **n_cross-border exchange of information on road safety_n** related traffic offences
|
-
| - | - | - |
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2011/92/EU: Directive 2011/92/EU of 13 December 2011 on **n_combating the sexual abuse and sexual exploitation of children and child pornography_n**, and replacing Council Framework Decision 2004/68/JHA
|
| - | National Implementing Measures provided to the European Commission | - |
|
2011/99/EU: Directive 2011/99/EU of 13 December 2011 on the **n_European Protection Order_n**
|
| Notification of the implementation of the Directive on the European Protection Order by Malta. Competent authorities | European Protection Order (Execution) Regulations; National Legislation S.L. 294 of 2014 (Criminal Code-Cap.9) | - |
|
2012/13/EU: Directive 2012/13/EU of 22 May 2012 on the **n_right to information_n** in criminal proceedings
|
| - | National Implementing Measures provided to the European Commission | - |
|
2012/29/EU: Directive 2012/29/EU of 25 October 2012 establishing **n_minimum standards on the rights, support and protection of victims of crime_n**
|
| - | National Implementing Measures provided to the European Commission | - |
|
2013/32/EU: Directive on common procedures for granting and withdrawing international protection of 26 June 2013
|
process ongoing
| - | - | Implemented Art. 1 to 30, Article 31(1), (2) and (6) to (9), Articles 32 to 46, Articles 49 and 50 and Annex I. |
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2013/40/EU: Directive 2013/40/EU of 12 August 2013 on **n_attacks against information systems_n** replacing Council Framework Decision 2005/222/JHA
|
| - | National Implementing Measures provided to the European Commission | - |
|
2013/48/EU: Directive 2013/48/EU of 22 October 2013 on **n_the right of access to a lawyer_n** in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons
|
| - | National Implementing Measures provided to the European Commission | - |
|
2014/42/EU: Directive 2014/42/EU of 3 April 2014 on the **n_freezing and confiscation of instrumentalities_n** and proceeds of crime in the European Union
|
| - | National Implementing Measures provided to the European Commission | - |
|
2014/41/EU: Directive 2014/41/EU of 3 April 2014 regarding the **n_European Investigation Order_n** in criminal matters
|
24 DFómh 2017
| Notifications with regard to the Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters | - | Useful tools and information for the practical application of the European Investigation Order (EIO) directive |
|
2014/62/EU: Directive 2014/62/EU of 15 May 2014 on the protection of the **n_euro and other currencies against counterfeiting_n** by criminal law and replacing Council Framework Decision 2000/383/JHA
|
| - | National Implementing Measures provided to the European Commission | - |
|
2014/66/EU: Directive on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer of 15 May 2014
|
-
| - | - | - |
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Directive 2014/57/EU of the European Parliament and of the Council of 16 April 2014 on criminal sanctions for market abuse (**n_market abuse directive_n**)
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-
| - | - | - |
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2015/413/EU: Directive 2015/413/EU of 11 March 2015 facilitating **n_cross-border exchange of information on road-safety-related traffic offences_n** (replaced by
Directive 2019/713)
|
| - | National Implementing Measures provided to the European Commission | - |
|
2015/849/EU: Directive 2015/849/EU of 20 May 2015 on the **n_prevention of the use of the financial system for the purposes of money laundering or terrorist financing_n**, amending Regulation (EU) No 648/2012, and repealing Directive 2005/60/EC
|
-
| - | - | - |
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2016/343/EU: Directive 2016/343/EU of 9 March 2016 on the strengthening of certain aspects of the **n_presumption of innocence and of the right to be present at the trial_n** in criminal proceedings
|
20 Iúil 2018
| - | Act No. XXXII of 2018 amending Criminal Code and the Drug Dependence (Treatment not Imprisonment) Act | - |
|
(EU) 2016/680: Directive (EU) 2016/680 of 27 April 2016 on the **n_protection of natural persons with regard to the processing of personal data by competent authorities_n** for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and **n_repealing Council Framework Decision 2008/977/JHA_n**
|
-
| - | - | - |
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2017/541/EU: Directive 2017/541/EU of 15 March 2017 on **n_combating terrorism_n** and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA
|
-
| - | - | - |
|
2016/681/EU: Directive 2016/681 of the European Parliament and of the Council of 27 April 2016 **n_on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime_n**
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-
| - | - | - |
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2016/800/EU: Directive 2016/800/EU of 11 May 2016 on **n_procedural safeguards for children who are suspects or accused persons_n** in criminal proceedings
|
7 Aib 2020
| - | Act XVIII of 2020 | - |
|
2016/1919/EU: Directive 2016/1919/EU of 26 October 2016 on **n_legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant_n** proceedings
|
7 Aib 2020
| - | Act XVIII of 2020 | - |
|
TREOIR (AE) 2017/1371 Ó PHARLAIMINT NA hEORPA AGUS ÓN gCOMHAIRLE
an 5 Iúil 2017
maidir leis an gcomhrac in aghaidh na calaoise ar leasanna airgeadais an Aontais trí bhíthin an dlí choiriúil
|
7 Aib 2020
|
| Act XVIII of 2020 amending the Criminal Code | - |
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Treoir (AE) 2018/843 ó Pharlaimint na hEorpa agus ón gComhairle an 30 Bealtaine 2018 lena leasaítear Treoir (AE) 2015/849 maidir le húsáid an chórais airgeadais chun sciúradh airgid nó maoiniú sceimhlitheoireachta a chosc, agus lena leasaítear Treoir 2009/138/CE agus Treoir 2013/36/AE
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| - | - | - |
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TREOIR (AE) 2018/1673 Ó PHARLAIMINT NA hEORPA AGUS ÓN gCOMHAIRLE an 23 Deireadh Fómhair 2018 maidir le sciúradh airgid a chomhrac tríd an dlí coiriúil
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TREOIR (AE) 2019/713 Ó PHARLAIMINT NA hEORPA AGUS ÓN gCOMHAIRLE an 17 Aibreán 2019 maidir le calaois agus góchumadh modhanna íocaíochta neamhairgid a chomhrac agus lena n-ionadaítear Cinneadh Réime 2001/413/CGB ón gComhairle
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TREOIR (AE) 2019/884 Ó PHARLAIMINT NA hEORPA AGUS ÓN gCOMHAIRLE an 17 Aibreán 2019 lena leasaítear Cinneadh Réime 2009/315/CGB ón gComhairle, a mhéid a bhaineann le malartú faisnéise faoi náisiúnaigh tríú tír agus a mhéid a bhaineann leis an gCóras Faisnéise Eorpach um Thaifid Choiriúla (ECRIS), agus a ghabhann ionad Chinneadh 2009/316/CGB ón gComhairle
|
29 Aib 2016
| - | Subsidiary Legislation 77.01: ‘Organisation and Content of the Exchange of Information from the Criminal Record between Malta and Other States Regulations’ | - |
|
2023/1544/EU: Directive (EU) 2023/1544 of the European Parliament and of the Council of 12 July 2023 laying down harmonised rules on the designation of **n_designated establishments and the appointment of legal representatives for the purpose of gathering electronic evidence_n** in criminal proceedings
|
-
| - | - | - |
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2023/977/EU: Directive (EU) 2023/977 of the European Parliament and of the Council of 10 May 2023 on the **n_exchange of information between the law enforcement authorities of Member States and repealing Council Framework Decision 2006/960/JHA_n**
|
-
| - | - | - |
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2024/1260/EU: Directive (EU) 2024/1260 of the European Parliament and of the Council of 24 April 2024 on **n_asset recovery and confiscation_n**
|
-
| - | - | - |
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2024/1203/EU: Directive of the European Parliament and of the Council of 11 April 2024 on the **n_protection of the environment_n** through criminal law and replacing Directives 2008/99/EC and 2009/123/EC
|
-
| - | - | - |
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2008/978/JHA: Council Framework Decision 2008/978/JHA of 18 December 2008 on the **n_European Evidence Warrant (EEW)_n** for the purpose of obtaining objects, documents and data for use in proceedings in criminal matters. – repealed by Regulation (EU) 2016/95 of 20 January 2016 repealing certain acts in the field of police cooperation and judicial cooperation in criminal matters.
|
-
| - | Not implemented in view of fact that European Investigation Order was supposed to replace same | - |