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Transatlantic Counter-Terrorism Cooperation After Lisbon
Introduction EU-US counter-terrorism cooperation has been an area of EU external relations with substantial growth in the recent past. The political momentum for such cooperation was boosted post-9/11 and resulted in the conclusion of a number of international agreements between the European Union and the United States. Concluded primarily under the third pillar, these agreements have been subject to considerable criticism in Europe, both in terms of democracy and legitimacy and in terms of substance and the compatibility of their content with fundamental rights. These issues are now due to be reviewed following the entry into force of the Lisbon… Read more
Editorial for
Issue 1/2010
Editorial Guest Editorial
Dear Readers, The decision by the eucrim editors to dedicate this entire issue to data protection confirms that data protection is increasingly relevant and also at the heart of European criminal law. An area of freedom, security and justice without internal borders can only exist if the national police and judicial authorities are able to exchange information as needed to fulfil their tasks. The use and exchange of information relating to persons also requires a solid and consistent system of data protection, not least because of technological developments. The term “surveillance society” is often used as a metaphor for a… Read more
Data protection in the EU - Challanges Ahead
Introduction The processing of personal data has become an inherent part of the daily life of Europeans, for example when booking a flight ticket, transferring money, applying for a job, or just using the Internet for private purposes. Nobody wants to miss out on the advantages of modern technologies. Sometimes individuals provide their personal data simply because they choose to do so. But sometimes data is collected without consent and often without the knowledge of the individuals concerned. The protection of personal data is becoming more and more relevant as technology develops and the possibilities increase to use and misuse… Read more
Transatlantic Adequacy and a Certain Degree of Perplexity
The very least that one can say or write about the cooperation in criminal matters between the EU and the US is that it has intensified since 2001. The EU and its bodies that deal with criminal matters – Eurojust and Europol – have concluded agreements with US authorities. However, the data protection provisions in several of these agreements have raised eyebrows. The exchange of personal data is a crucial tool in judicial and law enforcement cooperation in criminal matters. The EU as an entity, but also Eurojust and Europol, entered into negotiations with the US in order to regulate… Read more
Editorial for
Issue 2/2010
Editorial Guest Editorial
Dear Readers, The Lisbon Treaty, which entered into force at the end of 2009, mandates the Union to establish a true European area of justice reinforcing mutual trust and enabling mutual recognition of Member States’ judicial decisions. This will require, among other considerations, elements as diverse as the strengthening of Eurojust, the establishment of a European Public Prosecutor’s Office (EPPO), the reform of the European Anti Fraud Office (Office Européen de la Lutte Anti-Fraude − OLAF), and common minimum standards in the justice process (such as fair trial rights, fair prison conditions, and rights for victims of crime). At the… Read more
Solutions Offered by the Lisbon Treaty
Introduction The Lisbon Treaty aims at further developing an area of freedom, security and justice without internal frontiers, and the prevention and combating of crime is seen as one of the premises in order to strengthen the creation of such an area (Article 3 TEU). Member States are faced with crises of criminality in the era of globalisation: following economic and social trends, crime tends to assume a transnational dimension and a complex structure, and individual States cannot manage to deal with this phenomenon. Moreover, freedom of circulation within the EU can lead to further difficulties in fighting criminality. This… Read more