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Commission Updates on E-Evidence Negotiations with US and at Council of Europe 
22 February 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
At the JHA Council meeting of 2-3 December 2019, the Commission updated the Council on the state of play of the negotiations for an EU-US agreement on cross-border access to e-evidence, on the one hand, and on a second additional Protocol to the Budapest … Read more

News Guide
EU Law Enforcement Cooperation
CJEU: No Loopholes against Enforcement of Foreign Fines 
22 February 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 5 December 2019, the CJEU published an important judgment on the Framework Decision on the application of the principle of mutual recognition to financial penalties (FD 2005/214/JHA). In the case at issue (C-671/18), which was referred to the CJEU by a Polish … Read more

News Guide
EU Protection of Financial Interests
AG Opinion in EAW Case against Rapper: Legislation at Time of Offence Governs Interpretation of Thresholds 
22 February 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 26 November 2019, Advocate General (AG) Michal Bobek issued his opinion in the extradition case of rapper Valtònyc. The CJEU has to interpret Art. 2(2) of the 2002 Framework Decision on the European Arrest Warrant (FD EAW) following a request for preliminary ruling … Read more

News Guide
EU European Arrest Warrant
Spotlight CJEU Clarifies its Case Law on Concept of “Judicial Authority” Entitled to Issue EAWs 
22 February 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 12 December 2019, the CJEU provided further guidance under which conditions public prosecutor’s offices can be regarded as “issuing judicial authority” within the meaning of Art. 6(1) of the 2002 Framework Decision on the European Arrest Warrant (FD EAW). Uncertainties were triggered after the … Read more

News Guide
EU European Court of Justice (ECJ) European Arrest Warrant Judicial Cooperation
EU-US Reaffirm their Partnership to Tackle Security Threats 
22 February 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 11 December 2019, representatives of the European Union – including new Commissioner for Justice, Didier Reynders, and the Finnish and Croatian ministers of justice and of the interior on behalf of the current and incoming Council Presidencies – met in Washington D.C. with … Read more

News Guide
EU Judicial Cooperation
Council Conclusions on Alternative Measures to Detention 
22 February 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
One of the topics high on the agenda of the Finnish EU Council Presidency in the second half of 2019 was the debate on alternative measures to detention (see eucrim 2/2019, p. 109). The topic concerns EU policy debate since many years, but gained … Read more

News Guide
EU Judicial Cooperation
Council Gives Green Light for UK Exchange of Fingerprint Data via Prüm Network 
22 February 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 2 December 2019, the JHA Council formally approved the United Kingdom’s participation in the Prüm fingerprint exchange system. After having concluded that the UK has fully implemented the general provisions on data protection for the purpose of Prüm automated data exchange with regard to … Read more

News Guide
EU Police Cooperation
Council Conclusions on Victims’ Rights 
22 February 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
The Finnish EU Council Presidency addressed the subject of victims’ rights. During the Presidency, delegations of the EU Member States agreed on conclusions on victims’ rights that were adopted at the JHA Council meeting on 2-3 December 2019. The conclusions first take stock of the … Read more

News Guide
EU Victim Protection
Spotlight Whistleblowing Directive Published 
18 February 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 26 November 2019, Directive 2019/1937 “on the protection of persons who report breaches of Union law” was published in the Official Journal (L 305, p. 17). The European Parliament and the Council already agreed on the content of the Directive in April 2019. … Read more

News Guide
EU Data Protection
EDPS: New Proportionality Guidelines 
18 February 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 19 December 2019, the European Data Protection Supervisor issued guidelines on assessing the proportionality of measures that limit the fundamental rights to privacy and to the protection of personal data. The guidelines aim at providing policymakers and legislators with practical tools to help assess … Read more

News Guide
EU Data Protection
CJEU Rules on Lawfulness of Video Surveillance in Residential Buildings 
18 February 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 11 December 2019, the CJEU ruled that national provisions which authorise the installation of a video surveillance system on buildings, for the purpose of pursuing the legitimate interest of ensuring the safety and protection of individuals and property, without the consent of the data … Read more

News Guide
EU European Court of Justice (ECJ) Data Protection
EU-US Privacy Shield – Third Annual Review 
18 February 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
Despite efforts made by the United States authorities and the European Commission to implement the EU-US Privacy Shield, e.g., ex officio oversight and enforcement actions, the European Data Protection Board (EDPB) still voiced concerns over adequate data protection that must be addressed by both the … Read more

News Guide
EU Data Protection
Council Push on Data Retention to Fight Crime 
18 February 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
The Council closely monitors progress made by the Commission in the implementation of Council conclusions on the retention of data for the purpose of fighting crime, which were adopted in June 2019 (see eucrim 2/2019, p. 106). At the JHA Council meeting of 2-3 December … Read more

News Guide
EU Data Protection
Council Conclusions on Widening Scope of PNR Collection 
18 February 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
The justice and home affairs ministers of the Members States adopted conclusions on widening the scope of PNR data at the JHA Council meeting on 2 December 2019. As reported in eucrim 2/2019, p. 105, the Finnish Presidency took the initiative of launching the debate … Read more

News Guide
EU Data Protection
EU Framework on Environmental Crime under Scrutiny 
18 February 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
Ten years after the criminal law directives on environmental crime and ship source pollution were agreed upon, the EU is now carrying out a thorough evaluation and assessment of the legal framework. On 15 November 2019, the Council tabled the draft final report on the … Read more

News Guide
EU Environmental Crime
Council Conclusions on Significance and Security Risks of 5G Technology 
18 February 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
5G networks will become part of the crucial infrastructure for the operation and maintenance of vital societal and economic functions and a wide range of services essential for functioning of the internal market. The EU must maintain technological sovereignty, however, and promote its approach to … Read more

News Guide
EU Cybercrime