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Berlin Regional Court’s EncroChat Battle – Third Round 
14 August 2024 (updated 5 months, 4 weeks ago)
Thomas Wahl Thomas Wahl in Issue 2/2024
In an order of 4 July 2024, the ECJ dealt with procedural effects of the EncroChat case. The reference for preliminary ruling (Case C-288/24, M.R. v Staatsanwaltschaft Berlin or “Stegmon”) only indirectly concerns the criminal investigations related to EncroChat. The question … Read more
EU Area of Freedom, Security and Justice Court of Justice of the European Union (CJEU) European Investigation Order Law Enforcement Cooperation
Attempt for Second Reference for Preliminary Ruling in EncroChat Case 
13 August 2024 (updated 1 year, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2024
The Regional Court of Berlin lodged a second reference for preliminary ruling to the ECJ, seeking clarifications on the legitimacy of an operation against the encrypted network EncroChat, notably as regards possible breaches of the rules of the European Investigation Order Directive. Read more
European Investigation Order Law Enforcement Cooperation
Spotlight ECJ Ruled in EncroChat Case 
12 August 2024 (updated 5 months, 4 weeks ago)
Thomas Wahl Thomas Wahl in Issue 1/2024
This news item features a summary and comment on the impact of the ECJ’s ruling in the EncroChat case. It is contended that the judgment leaves room for manoeuvre in that evidence obtained by a live French police hack of encrypted devices may be banned in German criminal proceedings. Read more
EU Organised Crime European Investigation Order Law Enforcement Cooperation Procedural Safeguards
Spotlight New Report on Encryption by EU Innovation Hub 
9 August 2024 (updated 1 year, 11 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 2/2024
At the beginning of June 2024, the EU Innovation Hub for Internal Security published its first Report on Encryption. The report analyses the topic of encryption from legislative, technical, and developmental points of view. Read more
EU Artificial Intelligence (AI) Digital Space Regulation Europol Cybercrime Law Enforcement Cooperation Data Protection
Law Enforcement Experts: Action against End-to-End Encryption Needed 
31 July 2024 (updated 2 years, 1 month ago)
Thomas Wahl Thomas Wahl in Issue 1/2024
European police chiefs called on industry and governments to take urgent action to ensure public safety on social media platforms. The privacy measures currently in place, such as end-to-end encryption, prevent technology companies from identifying and reporting all offences on their platforms. They will also … Read more
EU Area of Freedom, Security and Justice Security Union Digital Space Regulation Europol Law Enforcement Cooperation
Common Criteria on Entering Terrorists and Extremists in SIS 
20 May 2024
Thomas Wahl Thomas Wahl in Issue 1/2024
On 11 April 2024, the Belgian Council Presidency circulated a note which lists criteria on when a person should be regarded as a potential terrorist or violent extremist threat (“Gefährder”). The note stressed that the criteria are "strictly non-binding". Their goal is to … Read more
Security Union Schengen Law Enforcement Cooperation
Enhancing Schengen Security: Commission's Recommendation 
27 March 2024
Dr. Anna Pingen Dr. Anna Pingen in Issue 4/2023
On 17 January 2024, Commission Recommendation (EU) 2024/268 on cooperation between the Member States with regard to serious threats to internal security and public policy in the area without internal border controls was published in the Official Journal (2024/268). The recommendation advocates for a collaborative … Read more
EU Schengen Commission Law Enforcement Cooperation
High Level Group on Data Access Criticised 
12 March 2024 (updated 2 years, 5 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2023
An open letter of 10 January 2024, signed by 21 digital rights and civil society organisations, criticised the current working arrangements of the High Level Group on Access to Data for Effective Law Enforcement (HLEG). It calls on the HLEG to ensure transparency, participation, … Read more
EU Law Enforcement Cooperation Police Cooperation
Fifth SIRIUS Report 
29 February 2024 (updated 1 year, 9 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 1/2024
The 2023 SIRIUS EU Electronic Evidence Situation Report, jointly published by Europol, Eurojust, and the European Judicial Network, shed light on the cross-border investigations involving electronic evidence within the European Union from the perspective of law enforcement, the judiciary and service providers. Read more
EU Europol Eurojust European Judicial Network (EJN) e-Evidence Law Enforcement Cooperation
Spotlight AG: EncroChat Data Can, in Principle, Be Used in Criminal Proceedings 
8 February 2024 (updated 2 years, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2023
On 26 October 2023, Advocate General (AG) Tamara Ćapeta released her opinion on the reference for a preliminary ruling with regard to the EncroChat case. In the case at issue, the Regional Court of Berlin, Germany, asked several questions as to the lawfulness of … Read more
EU European Investigation Order Law Enforcement Cooperation
Commission Presents Package to Prevent and Fight Migrant Smuggling 
12 December 2023 (updated 1 year, 10 months ago)
Dr. Anna Pingen Dr. Anna Pingen / Thomas Wahl Thomas Wahl in Issue 3/2023
On 28 November 2023, the Commission presented a bundle of measures to reinforce the prevention and fight against migrant smuggling. A new Directive will replace the current legal framework on the facilitation of unauthorised entry, transit and stay in the EU. A new Regulation is designed to strengthen police cooperation in the fight against migrant smuggling with a central, more important role of Europol. Read more
EU Organised Crime Trafficking in Human Beings Law Enforcement Cooperation
Report on Impact of E-evidence Package on Switzerland 
5 December 2023 (updated 2 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2023
In a report of 24 October 2023, the Swiss Federal Office of Justice examined the impact of the EU e-evidence package on service providers based in Switzerland and on mutual legal assistance between Switzerland and the EU/EU Member States. Read more
EU e-Evidence Law Enforcement Cooperation
EU-Western Balkans Ministerial Forum on JHA 
27 November 2023
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
From 26-27 October 2023, the annual EU-Western Balkans Ministerial Forum on Justice and Home Affairs was held in Skopje (North Macedonia). The Forum was attended by the Ministers for Home Affairs and Justice of Spain, their counterparts from the Western Balkans, the European Commissioners for … Read more
EU Area of Freedom, Security and Justice Law Enforcement Cooperation
Spotlight E-evidence Regulation and Directive Published 
9 November 2023 (updated 2 years, 7 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2023
After five years of negotiations, the Council and the European Parliament (EP) finally adopted the legislative acts that will introduce a new system for the gathering of electronic evidence in criminal proceedings in the EU. This Spotlight provides a summary of the key features of the new legal framework, in particular as regards the obligations for and rights of the main actors. Read more
EU e-Evidence Law Enforcement Cooperation
EDPB Provides Guidance on "Appropriate Safeguards" Assessment under LED 
30 October 2023
Thomas Wahl Thomas Wahl
On 19 September 2023, the European Data Protection Board (EDPB) adopted guidelines on the application of Art. 37 of Directive 2016/680. The guidelines provide practitioners with clarification which conditions must be met if appropriate data protection safeguards in a third country or international organisation are assessed that would allow a data transfer from the EU for law enforcement purposes. Read more
EU Law Enforcement Cooperation Data Protection
Results of EncroChat Take-Down 
13 October 2023 (updated 2 years, 2 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 2/2023
Two years after the dismantling of the encrypted communications tool EncroChat, which had been widely used by organised crime groups (→eucrim news of 21 March 2021), law enforcement and judicial authorities are still reaping the rewards. On 27 June 2023, French and Dutch … Read more
EU Europol Eurojust Organised Crime Law Enforcement Cooperation