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Spotlight Works on Interoperability of EU Information Systems Can Start – Legal Framework Established 
10 September 2019 (updated 4 years, 5 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2019
On 22 May 2019, the new rules establishing a framework for interoperability between EU information systems in the field of borders and visa (Regulation (EU) 2019/817) and in the field of police and judicial cooperation, asylum and migration (Regulation (EU) 2019/818) were published in the Official Journal of the European Union. Read more
EU Law Enforcement Cooperation Data Protection
Council Calls for New Knowledge-Sharing Platform to Support Law Enforcement 
10 September 2019
Thomas Wahl Thomas Wahl
To better connect experts, tools, initiatives, and services in the area of digital data, Europol has been called on to develop a knowledge-sharing platform – the “Novel Actionable Information” (NAI). Read more
EU Security Union Europol Law Enforcement Cooperation
Europol Report on Disruptive Technologies and Future Crime 
9 September 2019
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 18 July 2019, Europol published a report that aims at identifying security threats in relation to new emerging technologies, which can have disruptive effects. Read more
EU Europol Law Enforcement Cooperation
Report
Europäisches Strafrecht nach der österreichischen Ratspräsidentschaft  Konferenz der Österreichischen Vereinigung für Europäisches Strafrecht
7 September 2019 (updated 7 years ago)
Carmen Kaudela LL.B. Carmen Kaudela LL.B. / Lena Kristin Radl LL.B. Lena Kristin Radl LL.B. in Issue 2/2019
On 7 March 2019, the Austrian Association of European Criminal Law together with the Vienna University of Economics and Business and the Federal Justice Ministry organized a one-day conference on European Criminal law after the 2018 Austrian Council Presidency. The event raised great interest by many scholars and practitioners and covered three main topics. Read more
EU Area of Freedom, Security and Justice Judicial Cooperation Law Enforcement Cooperation
NGO Sees Lack of Key Safeguards in Planned E-Evidence Legislation 
19 June 2019
Thomas Wahl 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
EU Law Enforcement Cooperation
CCBE Assesses U.S. CLOUD Act 
19 June 2019
Thomas Wahl 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 data are stored … Read more
EU Law Enforcement Cooperation
CCBE Makes Recommendations on Future E-Evidence Scheme 
19 June 2019
Thomas Wahl 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
EU Law Enforcement Cooperation
Council Takes Position on Role of Legal Representatives in E-Evidence Cases 
19 June 2019
Thomas Wahl 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
EU Law Enforcement Cooperation
EDPS Gives Advice on Commission Mandate for EU-US E-Evidence Agreement 
19 June 2019
Thomas Wahl 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 criminal … Read more
EU Law Enforcement Cooperation
EU Law Enforcement Emergency Response Protocol 
13 May 2019
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
In order to provide law enforcement authorities in the EU with a tool for immediate response to major cross-border cyber-attacks, the Council of the EU adopted an EU Law Enforcement Emergency Response Protocol. The Protocol, on which Europol reported in March 2019, is part … Read more
EU Europol Cybercrime Law Enforcement Cooperation
Commission Wants Mandate to Negotiate International Rules on E-Evidence 
19 April 2019
Thomas Wahl Thomas Wahl
On 5 February 2019, the Commission presented two recommendations to the Council that would allow the Commission to negotiate international rules for obtaining electronic evidence. The first recommendation relates to a possible “executive agreement” with the U.S. within the framework of the U.S. CLOUD Act … Read more
EU Law Enforcement Cooperation
Spotlight Further Concerns of EP Against E-Evidence Legislative Proposal 
19 April 2019 (updated 4 years ago)
Thomas Wahl Thomas Wahl
The EP rapporteur in the LIBE committee responsible for the Commission proposal on law enforcement access to e-evidence, Birgit Sippel (S&D, Germany), voiced further criticism (see already eucrim 4/2018, 206). After a first working document (see ibid), Sippel and co-rapporteurs/shadow rapporteurs examined the following … Read more
EU e-Evidence Law Enforcement Cooperation
US CLOUD Act: EU Wants Executive Agreement with the U.S. 
18 February 2019
Thomas Wahl Thomas Wahl
The EU and the U.S. agreed that the U.S. will negotiate one "executive agreement" with the EU in the framework of the US CLOUD Act. The Commission and the Council are preparing the mandate in order to start the negotiations. Read more
EU Law Enforcement Cooperation
Civil Society Organisations Voice Concerns over Council Plans on E-Evidence 
18 February 2019
Thomas Wahl Thomas Wahl
Eighteen civil society organisations urged Member States to seriously reconsider its draft position on law enforcement access to “e-evidence” on the eve of the vote on the general approach in the Council. Read more
EU Law Enforcement Cooperation
Council Pushes for E-Evidence Law, EP Applies the Brakes 
18 February 2019 (updated 4 years ago)
Thomas Wahl Thomas Wahl in Issue 4/2018
On 7 December 2018, under the Austrian Presidency, the JHA Council agreed on its position on a proposal for a regulation on European production and preservation orders for e-evidence in criminal matters. Meanwhile, the European Parliament dampened expectations that it will finalise the legislation by the end of the parliamentary term in May 2019. Read more
EU e-Evidence Law Enforcement Cooperation
Operational Network Against Mafia-Style Criminal Groups 
18 February 2019
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
At the end of November 2018, law enforcement authorities from Italy, Belgium, France, Germany, the Netherlands, and Spain kicked off a new operational network (@ON), together with Europol, to strengthen their cooperation against mafia-style criminal groups, Eurasian and Albanian criminal networks, and Outlaw Motorcycle Gangs. Read more
EU Europol Law Enforcement Cooperation