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EDPS Opinion on E-Evidence Proposal 
12 January 2020 (updated 4 days, 12 hours ago)
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 6 November 2019, the European Data Protection Supervisor (EDPS) issued his opinion on the new EU legal framework for gathering e-evidence in cross-border cases (for the Commission proposal, see eucrim 1/2018, pp. 35-36).The EDPS endorses the objective of ensuring quick and effective … Read more

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EU Law Enforcement Cooperation e-Evidence
EP Report on EU E-Evidence Legislation Advocates Strengthened Safeguards 
12 January 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
After the EP elections, the EP Conference of Presidents decided in October 2019 that work should resume on the EU e-evidence rules. The e-evidence package consists of two proposals tabled by the European Commission in April 2018 (see eucrim 1/2018, pp. 35-36): a Regulation on … Read more

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EU Law Enforcement Cooperation e-Evidence
NGOs Urge U.S. Congress to Oppose US-UK CLOUD Act Agreement 
12 January 2020 (updated 3 days, 12 hours ago)
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 29 October 2019, twenty privacy, civil liberties, and human rights organizations jointly addressed U.S. Congress committee chairmen to stop the US-UK CLOUD Act Executive Agreement signed on 3 October 2019. It will allow direct access by the party’s law enforcement bodies to personal data … Read more

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EU Law Enforcement Cooperation Data Protection
MEPs Critical of EU-US E-Evidence Negotiations 
12 January 2020 (updated 4 days, 11 hours ago)
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
At a hearing on 7 November 2019 at the EP’s LIBE Committee, MEPs called for meeting EU data protection standards within the framework of possible future data exchanges by means of the U.S. CLOUD Act. The CLOUD Act allows U.S. law enforcement authorities to request … Read more

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EU E-Justice Law Enforcement Cooperation
US and UK Sign Bilateral E-Evidence Agreement 
12 January 2020 (updated 4 days, 11 hours ago)
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 3 October 2019, the United States and the United Kingdom signed the first agreement allowing the other party’s law enforcement authorities, when armed with appropriate court authorisation, to go directly to tech companies based in the other country to access electronic data in order … Read more

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EU Law Enforcement Cooperation e-Evidence
E-Evidence: Start of Negotiations on EU-US Agreement 
12 January 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 26 September 2019, the European Commission announced the start of formal negotiations with the United States Department of Justice on an EU-US agreement to facilitate access to electronic evidence in criminal investigations. Both parties reaffirmed their intention to conclude an agreement as quickly as … Read more

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EU European Court of Justice (ECJ) Law Enforcement Cooperation e-Evidence
First CJEU Judgment on European Investigation Order 
12 January 2020 (updated 4 days, 11 hours ago)
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 24 October 2019, the CJEU delivered its first judgment interpreting Directive 2014/41/EU regarding the European Investigation Order in criminal matters (Case C-324/17 – Ivan Gazanozov). The case at issue dealt with the particularity of Bulgarian law that does not provide for any … Read more

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EU European Court of Justice (ECJ) European Investigation Order
Statistics on Use of EAW in 2017 
12 January 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 28 August 2019, the Commission published statistical data on use of the European Arrest Warrant in 2017. The document, officially entitled “Replies to questionnaire on quantitative information on the practical operation of the European arrest warrant –Year 2017,” compiles data from the … Read more

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EU European Arrest Warrant
CJEU: EAWs Issued from Austrian Public Prosecutor’s Office Valid 
12 January 2020 (updated 4 days, 11 hours ago)
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
After the CJEU decided on 27 May 2019 that the German public prosecution offices lack independence to issue European Arrest Warrants (see joined cases C-508/18 (O.G.) & C-82/19 PPU (P.I.), eucrim 1/2019, pp. 31-33), the CJEU came to a different result as regards the Austrian … Read more

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EU European Arrest Warrant
Spotlight CJEU: Executing Judicial Authority Must Make Precise Assessment of Detention Conditions 
12 January 2020 (updated 4 days, 11 hours ago)
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 15 October 2019, the CJEU (Grand Chamber) further clarified its case law as to the conditions under which the surrender of a person sought by a EAW can be refused because standards of detention in the issuing state infringe the prohibition of inhuman or … Read more

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EU European Court of Justice (ECJ) European Arrest Warrant
Entry into Force of Surrender Agreement Between European Union and Norway/Iceland 
12 January 2020 (updated 3 days, 12 hours ago)
Christine Götz
On 28 June 2006, the European Union, the Republic of Iceland, and the Kingdom of Norway entered into an agreement on the surrender procedure between the Member States of the European Union and Iceland and Norway. The agreement aims at improving the surrender procedure for … Read more

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EU Judicial Cooperation
CJEU: Victims of Crime Can Be Re-Examined if Judge’s Bench Changed 
12 January 2020 (updated 4 days, 11 hours ago)
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
By judgment of 29 July 2019, the CJEU shared the opinion of Advocate General Yves Bot in case C-38/18 (criminal proceedings against Massimo Gambino and Shpetim Hyka), namely that Arts. 16 and 18 of Directive 2012/29/EU establishing minimum standards on the rights, support, … Read more

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EU Victim Protection
Federal Administrative Court Refers German Data Retention Law to European Court of Justice 
12 January 2020 (updated 4 days, 11 hours ago)
Christine Götz
On 25 September 2019, the German Federal Administrative Court (Bundesverwaltungsgericht) decided to refer to the European Court of Justice in order to clarify whether the German data retention law is compatible with Union law.The German Federal Administrative Court now has to decide … Read more

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EU European Court of Justice (ECJ) Data Protection
EU Governments Look into Future of Interoperability 
12 January 2020 (updated 4 days, 11 hours ago)
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
After having agreed on the legal framework of the interoperability of EU Information Systems designed for border/migration control and police/judicial cooperation (see eucrim 2/2019, p. 103), delegations from the Member States’ governments are now discussing further extensions. The Finnish Council Presidency continued discussions that … Read more

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EU Judicial Cooperation Police Cooperation Data Protection
Security Union: Commission Wants Mandate for EU-Japan PNR Agreement 
12 January 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
During the EU-Asia Connectivity Forum held in Brussels on 27 September 2019, Commission President Jean-Claude Juncker announced that the Commission recommended that the Council give green light to open negotiations with Japan on the transfer of Passenger Name Records (PNR). PNR are travel information data … Read more

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EU Terrorism Data Protection
CJEU: Scope of EU’s Procedural Rights Directives in Procedures Ordering Committal to Psychiatric Hospital 
12 January 2020
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 19 September 2019, the CJEU delivered a judgment dealing with the applicability and interpretation of the procedural rights directives in a situation where the judicial authorities of a Member State ordered a person be committed to a psychiatric hospital. The case (C-467/18 − … Read more

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EU European Court of Justice (ECJ) Procedural Safeguards