The surveillance of citizens by government agencies is an issue that can affect many areas of everyday life. It regularly provokes controversy, particularly in public discourse. Strikingly, in discussions about the existing powers of security authorities, their possible extension, or even the introduction of entirely new and additional surveillance powers, little or nothing is usually known about which surveillance measures are actually used in daily practice, how often they are used, and under what circumstances. Surveillance of any kind always has a high degree of social relevance and touches the very core of the liberal constitution. The execution of such measures is therefore relevant not only to those directly affected, but – due to their potential intrusiveness – can affect a large number of persons. As the frequency of these (often covert) measures increases, so does the actual and perceived risk of becoming a target of police, prosecutorial, or other … Read more

The EncroChat investigation marks a turning point in European criminal justice, revealing unprecedented legal and technical challenges that arose from the hacking of encrypted communication devices (“cryptophones”). The operation originated in France and escalated with the deployment of Trojan-style malware, which enabled the collection of data from over 66,000 cryptophone users worldwide. This article provides a detailed timeline of the case, tracing its development from national proceedings to significant rulings by the European Court of Justice and the European Court of Human Rights. It examines the former’s interpretation of the Directive on the European Investigation Order and the latter’s rejection of challenges arising from the European Convention on Human Rights. By bridging French and European case law and literature, this article fills a gap in existing literature and contributes to ongoing discussions on digital surveillance, privacy, and procedural safeguards in transnational criminal investigations.

ANOM was an undercover law enforcement operation in which the American FBI distributed encrypted mobile phones with a hidden backdoor, allowing authorities to monitor previously untraceable criminals’ communication in real time. Many details of the operation were kept confidential by law enforcement. The intelligence gathered led to hundreds of arrests worldwide, major drug seizures, and disruption of organised crime networks.
Continuing the discussion initiated by Lassalle and Lannier (→ related link), who retrace the EncroChat police operation in France, this article analyses two rulings by Germany’s highest courts (the Federal Court of Justice and the Federal Constitutional Court) that approved the use of chat data obtained from the ANOM operation. Despite many differences between EncroChat and ANOM, both courts saw no reason to depart from the evidence-friendly case law they had each already established in the German EncroChat cases. The author argues that the approach adopted by the courts with regard … Read more

This article provides an overview of the key provisions of the Poland-Indonesia Treaty on Mutual Legal Assistance in Criminal Matters. The Treaty was signed on 19 September 2025 and opens a new chapter in the relationship between both countries with regard to combating crime. It also includes modern forms of assistance, such as the possibility of conducting hearings by videoconference. Robust provisions on data protection and confidentiality are among the safeguards for the individual.

This article examines the judicial cooperation between Europe and Morocco in combatting organised crime and terrorism. Despite Morocco’s strategic role and its expertise in anti-drug and counter-terrorism efforts, there is currently no specific formal legal framework on the part of the European Union that governs judicial cooperation with the Kingdom of Morocco. This article analyses the relevant political and legal instruments, such as the EU-Morocco Association Agreement, the advanced status under the European Neighbourhood Policy, the EuroMed Justice and Police programmes, and initiatives by Eurojust and Europol. The analysis reveals how mutual trust is gradually being established through the convergence of Euro-Moroccan judicial and police practices. However, it also identifies structural limitations, including the heterogeneity of bilateral agreements with EU Member States and procedural divergences. While EU-Morocco judicial cooperation lacks a binding legal framework at the Union level, recent operational developments are promoting a pragmatic and effective partnership. This is … Read more