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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
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
European Criminal Justice under the Lisbon Treaty
Before the entry into force of the Treaty on European Union of 1991, the cooperation in matters of internal security took place at the level of international relations between particular Member States − in the legal sense, outside the European Communities.1 The Treaty on European Union formed the architecture of European integration by attaching different forms of intergovernmental cooperation to Community policies. In this way, the three-pillar system was established. The cooperation between the EU Member States was described as “the cooperation in the fields of justice and home affairs.” This area includes police and judicial cooperation in criminal matters… Read more
Asset Recovery in the UNCAC Convention: Possibilities and Limitations
The United Nations Convention against Corruption (UNCAC), adopted on 31st October 2003, entered into force on 14th December 2005. To date, 143 States have ratified the instrument. Most of the Member States of the European Union are State parties. UNCAC is the first international instrument that provides a comprehensive response towards tackling public and private corruption worldwide. The main purpose of the Convention is to combat important manifestations of corruption at the global level. Corruption affects all countries, but, in particular, presents a serious obstacle to economic and social development and undermines the work of the legal and administrative institutions… Read more