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Rule-of-Law Developments in Hungary

19 May 2020 (updated 2 weeks ago)

Thomas Wahl

European institutions have rule-of-law concerns with regard to Hungary. As in the case of Poland, Hungary faces several infringement actions before the CJEU. The recent developments in brief: Read more

News Guide

EU Fundamental Rights

Threat of Rule of Law in Poland –Recent Developments

19 May 2020 (updated 2 weeks ago)

Thomas Wahl

New actions and regulations initiated by the Polish ruling party to push through reforms in the justice system triggered further controversies between the country and European institutions/civil society organisations. An overview of the main recent events: Read more

News Guide

EU Fundamental Rights

EDPB: CoE E-Evidence Legislation Must Ensure Strong Data Protection Safeguards

4 May 2020

Thomas Wahl

In view of the negotiations on a Second Additional Protocol to the CoE Cybercrime Convention (Budapest Convention), which will include a framework for law enforcement authorities to directly receive data from service providers, the European Data Protection Board addressed a letter to the responsible CoE … Read more

News Guide

EU Law Enforcement Cooperation e-Evidence

Spotlight CJEU Rules on Union-wide Enforcement of Fines against Legal Persons

4 May 2020

Thomas Wahl

After its judgment on the interpretation of the Framework Decision on the application of the principle of mutual recognition to financial penalties (FD 2005/214/JHA) of 5 December 2019 (see eucrim 4/2019, p. pp. 246-247), the CJEU delivered another important judgment on the … Read more

News Guide

EU European Court of Justice (ECJ) Financial Penalties

CJEU: Confiscation of Illegal Assets via Civil Proceedings Possible

4 May 2020

Thomas Wahl

EU law does not preclude national legislation, which provides that a court may order the confiscation of illegally obtained assets following proceedings that were not subject either to a finding of a criminal offence or, a fortiori, the conviction of the persons accused of … Read more

News Guide

EU Freezing of Assets

Commission Announces New Victims’ Rights Strategy

4 May 2020

Thomas Wahl

On the occasion of the European Day for Victims of Crime on 22 February 2020 and following the xenophobic/racist attacks in Hanau/Germany on 19 February 2020, Commission Vice-President Věra Jourová and Commissioner for Justice Didier Reynders announced a new Commission strategy for victims’ rights (2020-2024) … Read more

News Guide

EU Victim Protection

EDPB: Data Protection Guidelines on Video Surveillance

4 May 2020

Thomas Wahl

At its 17th plenary meeting on 28/29 January 2020, the European Data Protection Board (EDPB) adopted guidelines on the processing of personal data through video devices. The guidelines take into account a prior public consultation on the topic (see eucrim 2/2019, p. 105). … Read more

News Guide

EU Data Protection

Commission Presents European Data Strategy

4 May 2020

Thomas Wahl

On 19 February 2020, the Commission unveiled its plans and actions for a European data strategy. The new Commission under President Ursula von der Leyen set the ambitious goal that the EU become the leading role model for a society empowered by data to … Read more

News Guide

EU Data Protection

Council Endorses Start of Negotiations on EU-Japan PNR Deal

4 May 2020

Thomas Wahl

On 18 February 2020, the Council gave green light to the Commission to start negotiations with Japan on an agreement on the transfer and use of passenger name record (PNR) data. The Council endorsed the respective negotiating directives recommended by the Commission in September 2019 … Read more

News Guide

EU Judicial Cooperation Data Protection

AG: Conditions of Access to Retained Telecommunications Data for Law Enforcement

4 May 2020

Thomas Wahl

Advocate General Giovanni Pitruzzella presented his opinion on the Estonian data retention law, advising on how Member States may arrange the contentious retention of personal data for law enforcement purposes while keeping in line with Union law (opinion of 21 January 2020, Case C-746/18 … Read more

News Guide

EU Data Protection

Spotlight AG: Data Retention Should Be Strictly Limited

4 May 2020

Thomas Wahl

Advocate General (AG) Manuel Campos Sánchez-Bordona advocates that the CJEU’s rather restrictive case law on the retention of personal data and access to these data by law enforcement or intelligence authorities should be upheld. Following the judgment in the Joined Cases C-203/15, Tele2 Sverige, and … Read more

News Guide

EU Procedural Safeguards Data Protection

German Bar Association Calls for Further Strengthening of Procedural Safeguards in EU

4 May 2020

Thomas Wahl

The German Bar Association (Deutscher Anwalt Verein − DAV) called on the establishment of additional minimum guarantees for procedural rights within the EU. In its statement No 5/20 of January 2020, the association assesses the state of play of procedural safeguards in the EU … Read more

News Guide

EU Procedural Safeguards

CJEU: Accused Person Can Waive Right to be Present at Trial

28 April 2020

Thomas Wahl

The CJEU ruled on the conditions under which the non-appearance of accused persons at certain trial hearings for reasons either within or beyond their control is compatible with Union law. The concrete case deals with the provisions of the Bulgarian Criminal Code of Procedure on … Read more

News Guide

EU Procedural Safeguards

CJEU: Prosecutor Can Balance Defence Rights Against Effective Fraud Prosecution (Kolev II)

28 April 2020

Thomas Wahl

In Case C-612/15 (criminal proceedings against Nikoley Kolev, Stefan Kostadinov, judgment of 5 June 2018, see eucrim 2/2018, pp. 99/101), the CJEU ruled that Union law, i.e., the obligation to protect the EU’s financial interests in accordance with Art. 325(1) TFEU, precludes national … Read more

News Guide

EU Procedural Safeguards

Terrorist Content Online Regulation – Controversies in Trilogue

28 April 2020

Thomas Wahl

On 21 January 2020, the LIBE Committee discussed the Commission proposal for a regulation on preventing the dissemination of terrorist content online (for the proposal, see eucrim 2/2018, 97-98 and the article by G. Robinson, eucrim 4/2018, p. 234). Rapporteur Patryk Jaki (ECR, … Read more

News Guide

EU Terrorism Racism and Xenophobia

Eurobarometer: Europeans Attitudes towards Cyber Security

28 April 2020

Thomas Wahl

Alongside the presentation of the EU toolbox on joint security measures for 5G networks in January 2020, a special Eurobarometer survey was published that aimed at identifying EU citizens’ awareness, experience, and perception of cyber security. The fieldwork was carried out in October 2019. The … Read more

News Guide

EU Cybercrime