| 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
|
1 Ean 2004
| Notification under arts. 6.3, 7.2 and 25.2 EAW by Portugal | Law no. 65/2003 of 23 August Approves the legal regime of the European Arrest Warrant (giving effect to the council framework decision no. 2002/584/JHA of 13 June) - Penal code, amended September 2007 | Implementation of Framework Decision on EAW by Member States. April 2020 |
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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
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| - | - | - |
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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)
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-
| - | Framework Decision replaced by Directive 2014/62/EU, implemented by:
- Law 39/2016 of 19 December
- Penal Code
| - |
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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)
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| - | Framework Decision replaced by Directive 2012/29/EU, implemented by:
- Law 130/2015 of 4 September
- Procedural Penal Code
| - |
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[**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
|
| - |
- Law 59/2007 of 4 September
- Penal Code
- Procedural Penal Code
| - |
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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
|
| - |
- Law 25/2008 of 4 September
- Penal Code
- Procedural Penal Code
| - |
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2002/465/JHA: Council Framework Decision 2002/465/JHA of 13 June 2002 on **n_joint investigation teams (JIT)_n**
|
| - | Law 144/99 of 31 August | - |
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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)
|
| - |
- Law 52/2003 of 22 August
- Penal Code
- Procedural Penal Code
| - |
|
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)
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-
| - | Framework Decision replaced by Directive 2011/36/EU, (table of status of implementation), which this country has implemented through:
- Law 60/2013 of 25 August
- Penal Code
- Law 101/2001 of 25 August
- Law 45/2011 of 24 June
| - |
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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**
|
| - | Law 23/2007 of 4 July | 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
|
| - | Law 20/2008 of 21 April | - |
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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)
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5 Meith 2009
| Notification by Portugal on the implementation of the Framework Decision on Freezing Orders
Notification by Portugal on Competent National Authorities within the frame of the Framework Decision 2003/577/JHA of 22 July 2003 | Law 25/2009 of 5 June | Complementary information provided by the Council Secretariat |
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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)
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| - | Parliament Resolution nr. 75/2012 of 28 May | 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. |
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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**
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| - |
- Decree-Law 15/1993 of 22 January
- Penal Code
| - |
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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
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| - |
- Law 5/2002 of 11 February
- Penal 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)
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| - | Framework Decision replaced by 2013/40/EU, implemented by Law 109/2009 of 15 September | - |
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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**
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1 Samh 2009
| Notification by Portugal on the implementation of the Framework Decision on Financial Penalties | - | Complementary information provided by the Council Secretariat |
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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)
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31 Lún 2009
| Notification by Portugal on the implementation of the Framework Decision on Confiscation orders
Notification by Portugal on Competent Authorities within the frame of the Framework Decision 2006/783/JHA of 6 October 2006 | Law 88/2009 of 31 August | 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**
|
| - | Law 74/2009 of 18 December | - |
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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
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1 Samh 2010
| Notification of the implementation of Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings. Portugal |
- Law 144/99 of 31 August
- Penal Code
| - |
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2008/841/JHA: Council Framework Decision 2008/841/JHA of 24 October 2008 for **n_organised crime_n**
|
| - | Law 5/2002 of 11 January | - |
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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
|
17 Noll 2015
| Notification by Portugal on the implementation of the Framework Decision on Transfer of prisoners | Law 158/2015 of 17 September | Complementary information provided by the Council Secretariat
Complementary information: Declarations under Article 7(4) -double criminality- and Article 28(2) -transitional provision- |
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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
|
| - |
- Law 109/2009 of 15 September
- Penal Code
- Law 39/2009 of 30 July
| - |
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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)
|
| - | - | - |
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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**
|
| - | Law 158/2015 of 17 September | Complementary information provided by the Council Secretariat |
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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
|
| Notification by Portugal of the implementation of the Framework Decision on Probation Decisions. | Law 67/1998 of 26 October | - |
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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
|
| - | Law 37/2015 of 5 May | - |
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2009/829/JHA: Council Framework Decision 2009/829/JHA of 23 October 2009 for **n_supervision measures_n**
|
| Notification by Portugal on the implementation of the Framework Decision on Supervision Measures | Law 36/2015 of 4 May | Complementary information provided by the Council Secretariat |
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2009/948/JHA: Council Framework Decision 2009/948/JHA of 30 November 2009 for **n_conflicts of jurisdiction_n**
|
| - | Law 144/99 of 31 August | 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**
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| - | National Implementing Measures provided to the European Commission
Law 23/2007 of 4 July | - |
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2002/90/EC: Directive 2002/90/EC of 28 November 2002 defining the facilitation of **n_unauthorised entry, transit and residence_n**
|
| - | National Implementing Measures provided to the European Commission
Law 23/2007 of 4 July | - |
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2004/80/EC: Directive 2004/80/EC of 29 April 2004 relating to **n_compensation to crime victims_n**
|
| - | Law 31/2006 of 21 July | - |
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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)
|
| - | Law 25/2008, of 5 June | - |
|
2006/70/EC: Directive 2006/70/EC of 1 August 2006 laying down **n_implementing measures for Directive 2005/60/EC_n**
|
| - | Law 25/2008 of 5 June | - |
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2008/99/EC: Directive 2008/99/EC of 19 November 2008 on the **n_protection of the environment_n** through criminal law
|
| - |
- Law 81/2015 of 3 August
- Penal Code
| - |
|
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 | - |
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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
|
| - | Law no. 4/2014, of 7 February, establishing the principles and rules of cross-border exchange of information related to the commission of road traffic offences using a vehicle registered in a member state other than the one where the offence was committed | - |
|
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 on the implementation of the Directive on the European Protection Order by Portugal | National Implementing Measures provided to the European Commission | - |
|
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 | - |
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2013/32/EU: Directive on common procedures for granting and withdrawing international protection of 26 June 2013
|
| - | Law 27/2008 of 30 June | - |
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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 (NIM) provided to the European Commission: Law 30/2017, 30 of May | - |
|
2014/41/EU: Directive 2014/41/EU of 3 April 2014 regarding the **n_European Investigation Order_n** in criminal matters
|
22 Lún 2017
| Notification of the transposition of Directive 2014/41/EU on European Investigation Order in criminal matters by Portugal. Accepted languages
Notification of the transposition of Directive 2014/41/EU on European Investigation Order in criminal matters by Portugal. Competent Authorities
Notification from Portugal related to EPPO | Law no. 88/2017, published in the Official Journal of Portugal (Diario da Republica) no. 160/21 August 2017. | 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
|
| - |
- Law 39/2016 of 19 December
- Penal Code
| - |
|
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
|
| - | Law No. 102/2017, of 28 August, which makes the fifth amendment to Law No. 23/2007, of 4 July, which approves the legal regime for the entry, stay, exit and removal of foreigners from national territory | - |
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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
|
| - | Law No. 83/2017, of 18 August, which establishes measures to combat money laundering and terrorist financing and amends the Criminal Code and the Industrial Property | - |
|
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
|
| - | Constitution of the Portuguese Republic
Criminal Code | - |
|
(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**
|
| - | Law No. 59/2019, of 8 August, approving the rules on the processing of personal data for the purpose of prevention, detection, investigation or prosecution of criminal offences or execution of criminal penalties | - |
|
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
|
| - | Law No. 16/2019, of 4 February, which makes the fifth amendment to Law No. 52/2003, of 22 August (Law on Combating Terrorism) | - |
|
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**
|
| - | Law no. 21/2019, of 25 February, which regulates the transfer by air carriers of passenger name record data, as well as the processing of such data, and makes the third amendment to
Law no. 53/2008, of 29 August, which approves the Internal Security Law | - |
|
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
|
| - | Law no. 33/2019, of May 22, which makes the thirty-third amendment to the Code of Criminal Procedure, approved by Decree-Law no. 78/87, of February 17 | - |
|
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
|
| - | Law 34/2004 of 29 July 2004, establishing the regime of access to law and courts
Law 65/2003 of 23 August 2003, which proves the legal regime of the European Arrest Warrant
Code of Criminal Procedure | - |
|
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
|
| - | Law No. 34/87 of 16 July on the Crimes of Responsibility of Political Officers
Law No. 18/2008 of 29 January (republished by Decree-Law No. 111-B/2017 of 31 August)
Public Procurement Code
Law No. 5/2002 of 11 January establishing measures to combat organised and economic-financial crime | - |
|
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
|
| - | Law no. 58/2020, of 31 August (amending several laws) | - |
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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
|
| - | Law no. 58/2020, of 31 August (amending several laws) | - |
|
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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-
| - | - | - |
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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
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2 Samh 2022
| - | Transposed by Law n.º 14/2022, 02 of August.
This law also made adjustments to the following laws and decrees:
- Law n.º 37/2015, 05 May;
- aw Decree n.º 171/2015, 25 August.
| - |
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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
|
-
| - | - | - |
|
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.
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