NGO Sees Lack of Key Safeguards in Planned E-Evidence Legislation
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
Thomas Wahl
News Guide
EU Law Enforcement CooperationCCBE Assesses U.S. CLOUD Act
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 moreNews Guide
EU Law Enforcement CooperationCCBE Makes Recommendations on Future E-Evidence Scheme
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 moreNews Guide
EU Law Enforcement CooperationCouncil Takes Position on Role of Legal Representatives in E-Evidence Cases
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 moreNews Guide
EU Law Enforcement CooperationEDPS Gives Advice on Commission Mandate for EU-US E-Evidence Agreement
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 moreNews Guide
EU Law Enforcement CooperationLithuanian Prosecutor General Included in the Concept of “Judicial Authority” in the FD EAW
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 moreNews Guide
EU European Arrest WarrantSpotlight CJEU: German Public Prosecution Office is not a “Judicial Authority” in the EAW Context
German public prosecution offices may no longer issue European Arrest Warrants. With this thunderbolt, the CJEU (Grand Chamber) answered two references for a preliminary ruling from Irish courts.BackgroundIn the Joined Cases C-508/18 (OG) and C-82/19 PPU (PI), the CJEU further developed ... Read moreNews Guide
EU European Arrest WarrantAG: New Examination of Victim of Crime Possible if Judges‘ Bench Changed
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 moreNews Guide
EU Victim ProtectionSpecial Advisor Recommends New Strategy for EU Victims’ Rights
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 moreNews Guide
EU Victim ProtectionEP and Council Agree on Directive Protecting Whistleblowers
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 moreNews Guide
EU Victim ProtectionEDPS Criticises Commission Interoperability Plans by ETIAS
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 moreNews Guide
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