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NGO Sees Lack of Key Safeguards in Planned E-Evidence Legislation 
19 June 2019
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
The plans to establish new rules that enable law enforcement authorities to directly seek the preservation and production of electronically stored data held by private service providers (the “e-evidence proposals”, see eucrim 1/2018, 35-36) face further criticism from civil stakeholders. In February 2019, Fair ... Read more

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EU Law Enforcement Cooperation
CCBE Assesses U.S. CLOUD Act 
19 June 2019
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
The Council of Bars and Law Societies in Europe (CCBE) scrutinised the U.S. CLOUD Act. It allows U.S. federal law enforcement to compel U.S.-based technology companies to provide requested data stored on servers via warrant or subpoena − regardless of whether the ... Read more

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EU Law Enforcement Cooperation
CCBE Makes Recommendations on Future E-Evidence Scheme 
19 June 2019
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 28 February 2019, the Council of Bars and Law Societies in Europe (CCBE) eyed recent developments at the EU and international levels to establish legal frameworks for cross-border access of law enforcement authorities to electronic evidence. The CCBE made several recommendations (available in English ... Read more

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EU Law Enforcement Cooperation
Council Takes Position on Role of Legal Representatives in E-Evidence Cases 
19 June 2019
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
The European Parliament signalled that it is not eager to enter into trilogue negotiations on the proposed European Production and Preservation Orders for electronic evidence in criminal matters before the end of the parliamentary term in May 2019. The Council, however, went ahead with the ... Read more

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EU Law Enforcement Cooperation
EDPS Gives Advice on Commission Mandate for EU-US E-Evidence Agreement 
19 June 2019
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 2 April 2019, the European Data Protection Supervisor (EDPS) issued anopinion on the Commission’s plans to obtain a mandate from the Council to enter into negotiations with the USA over an agreement on cross-border access to electronic evidence for judicial cooperation in ... Read more

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EU Law Enforcement Cooperation
Lithuanian Prosecutor General Included in the Concept of “Judicial Authority” in the FD EAW 
19 June 2019
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
The Prosecutor General of Lithuania can be considered a “judicial authority” that can issue European Arrest Warrants, under the condition that his/her decisions are subject to court proceedings fully meeting the requirements inherent to effective judicial protection. It is up to the referring court ... Read more

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EU European Arrest Warrant
AG: New Examination of Victim of Crime Possible if Judges‘ Bench Changed 
19 June 2019
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
Victims of crime may give evidence before the criminal court again if it has a new composition. This is the main conclusion of Advocate General Yves Botin his opinion of 14 March 2019 in case C-38/18 (criminal proceedings against Massimo Gambino and Shpetim ... Read more

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EU Victim Protection
Special Advisor Recommends New Strategy for EU Victims’ Rights 
19 June 2019
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
Victims still face many difficulties when accessing justice and compensation. The difficulties are often due to a lack of information, insufficient support, and overly restrictive eligibility criteria or procedural hurdles. For persons who become victims of crime when travelling to another EU country, it can ... Read more

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EU Victim Protection
EP and Council Agree on Directive Protecting Whistleblowers 
19 June 2019
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
The European Parliament and the Council reached a compromise on new EU legislation as regards the protection of whistleblowers. The initiative for a directive that aims to lay down uniform minimum standards for the protection of persons who report unlawful activities or abuse of EU ... Read more

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EU Victim Protection
EDPS Criticises Commission Interoperability Plans by ETIAS 
19 June 2019
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
The European Data Protection Supervisor (EDPS) criticised the way the European Commission prepares the interconnection between the European Travel Information and Authorisation System (ETIAS) established in late 2018 (see eucrim 2/2018, 82/84) and the other four EU information systems, i.e., the SIS ... Read more

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EU Data Protection
Report
Retention of Telecommunications Data Continue to Be on the Text Bench 
19 June 2019
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
After the Council launched a reflection process on the retention of telecommunications data, and after an exchange of views on the state of play and the way forward at the JHA Council meeting of 6-7 December 2018 (see eucrim 4/2018, 201), work continued on ... Read more

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EU Data Protection
Collection of PNR Data Under Judicial Scrutiny in Germany 
17 June 2019
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
The debate on the retention of passenger name records (PNR) data has gained new momentum in Germany. On 14 May 2019, the “Gesellschaft für Freiheitsrechte” (GFF) informed the public that it brought actions before the administrative court of Wiesbaden and other local civil law courts ... Read more

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EU Data Protection
CJEU: EU Law Does Not Govern the Procedure for Reviewing Pre-Trial Detention Decisions 
17 June 2019
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
Directive 2016/343 on the strengthening of certain aspects of the presumption of innocence does not govern the rules on how to examine evidence for confirming or maintaining pre-trial detention. The CJEU reiterated this position as already stated in its judgment of 19 September 2018 ... Read more

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EU Procedural Safeguards
AG: Italian Rules Restricting Negotiated Settlements in Line with EU Law 
17 June 2019
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
Procedural rules of national law that limit the accused person’s possibility to request a negotiated penalty to the beginning of the trial are in conformity with EU law, according to the opinionof Advocate General (AG) Bobekin Case C-646/17 (criminal proceedings against ... Read more

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EU Procedural Safeguards
EDPS Comments on Terrorist Content Online Regulation 
17 June 2019
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 12 February 2019, the European Data Supervisor (EDPS) tabled “formal comments” on the Commission proposal for a regulation on preventing the dissemination of terrorist content online (see eucrim 2/2018, 97-98 and the article by G. Robinson, eucrim 4/2018, p. 234).The EDPS ... Read more

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EU Racism and Xenophobia