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JHA Agencies Network Meeting 
28 December 2022
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 29 November 2022, representatives of the nine EU Agencies active in the field of freedom, security and justice convened to take stock of the main achievements in 2022, especially with regard to the ongoing efforts to support EU Member States and institutions in responding to Russia’s military aggression against Ukraine. Read more
Law Enforcement Cooperation
Co-Legislators Found Political Agreement on EU E-evidence Legislation 
11 December 2022
Thomas Wahl Thomas Wahl
In November 2022, the European Parliament and the Council reached a provisional political agreement on the future EU legislation on obtaining e-evidence across the bloc, while civil society organisations urged the co-legislators to substantially improve the protection of fundamental rights. Read more
EU e-Evidence Law Enforcement Cooperation
Spotlight EncroChat Turns into a Case for the CJEU 
18 November 2022 (updated 3 years, 5 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2022
The Regional Court of Berlin referred several questions to the CJEU on the activities of law enforcement authorities in conjunction with the cracking of the EncroChat communications service. They relate to the interpretation of the EIO Directive. The Berlin court believes that the collection of data in the EncroChat operation was unlawful and that the data cannot be used as evidence in German criminal proceedings against persons who used EncroChat for criminal activities. Read more
EU Organised Crime European Investigation Order Law Enforcement Cooperation
JHAAN: Joint Paper on EU’s Solidarity with Ukraine 
14 October 2022
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 23 August 2022, the EU agencies active in the field of justice and home affairs issued a joint paper on their contribution to the EU’s solidarity with Ukraine. The paper also highlights a broad spectrum of activities undertaken by nine EU Agencies in this regard. Read more
EU Area of Freedom, Security and Justice Ukraine conflict Law Enforcement Cooperation
UK-US E-Evidence Agreement in Force 
11 October 2022
Thomas Wahl Thomas Wahl
On 3 October 2022, the UK-US data access agreement (DAA) entered into force. It obliges each party to ensure their laws permit a telecommunications operator to lawfully respond to direct requests for covered data made by a relevant public authority in the other party’s jurisdiction. It is the first executive agreement concluded by the US government with a foreign country under the US Cloud Act. It can be used instead of government-to-government MLA requests. Read more
EU e-Evidence Law Enforcement Cooperation
Commission Presented First Evaluation Report on Data Protection Law Enforcement Directive 
6 September 2022
Thomas Wahl Thomas Wahl
On 25 July 2022, the Commission presented the first report on the evaluation and review of Directive 2016/680. According to the report, the LED has generally been transposed in a satisfactory manner, but a number of issues have been identified. It has significantly contributed to a more harmonised and higher level of protection of individuals’ rights and a more coherent legal framework for competent authorities. Read more
EU Law Enforcement Cooperation Data Protection
EP and Council Reach Consensus on E-evidence Dossier 
9 August 2022 (updated 3 years, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
On 28 June 2022, negotiators of the European Parliament (EP) and the Council reached a political agreement on the core elements of the e-evidence package. The EP side was able to push through major safeguards for fundamental rights and data protection. Read more
EU e-Evidence Law Enforcement Cooperation
Spotlight CJEU: PNR Directive Valid if Limited to the “Strictly Necessary” 
4 August 2022 (updated 1 year, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
In a landmark ruling of 21 June 2022, the CJEU (Grand Chamber), upheld the EU’s regime to collect and use records of travellers, provided that it is strictly interpreted in line with the EU’s fundamental rights. In addition, indiscriminate processing of the data in cases of flights carried out only within the EU is banned unless there is a threat of terrorism. In general, the passengers’ data must also be deleted after six months at the latest. Read more
EU Fundamental Rights Law Enforcement Cooperation Data Protection
Recommendations on Operational Law Enforcement Cooperation 
20 July 2022 (updated 3 years, 2 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 2/2022
A new Council recommendation sets out a series of standards for operational cooperation between police officers operating in another Member State or participating in joint operations, e.g., cross-border hot pursuits and surveillance, and patrols. Read more
EU Law Enforcement Cooperation Police Cooperation
Legislation on Information Alerts in SIS Passed 
20 July 2022
Thomas Wahl Thomas Wahl
On 6 July 2022, the European Parliament and the Council passed new legislation that establishes the category of “information alerts” for entries into the Schengen Information System (SIS). “Information alerts” target third country nationals who are suspected to be involved in terrorist offences or other serious crime (listed in Annex I of the Europol Regulation 2016/794). Read more
EU Schengen Europol Law Enforcement Cooperation
Spotlight Amended Europol Regulation in Force – Criticism Remains 
20 July 2022 (updated 3 years, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
On 28 June 2022, the amendments to the 2016 Europol Regulation entered into force. This news item summarises the main elements of the changes to Europol's legal framework and points out critical voices that still remain following the compromise on Europol's new tasks and mandate found by the European Parliament and the Council. Read more
EU Europol Law Enforcement Cooperation
Spotlight Germany: Federal Court of Justice Confirms Use of Evidence in EncroChat Cases 
19 May 2022 (updated 3 years, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2022
On 2 March 2022, the Federal Court of Justice (Bundesgerichtshof) handed down the first supreme court decision in the EncroChat cases in Germany. The Court confirmed the use of evidence which was acquired by German law enforcement authorities from French counterparts. By secret interception measures, French authorities succeeded in 2020 in dismantling a supplier that offered encrypted mobile devices that were allegedly used by criminals. Read more
EU Organised Crime European Investigation Order Law Enforcement Cooperation Data Protection
CoE Treaty on E-evidence Open for Signature – Council Gives Green Light for EU Member States 
13 May 2022 (updated 3 years, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
The Second Additional Protocol to the Convention on Cybercrime (Budapest Convention) was opened for signature on 12 May 2022. It includes the possibility for direct cooperation of authorities with providers based in another State Party in order to receive domain registration and subscriber data. The EU Council gave green light for Member States to sign the protocol at the ceremony of 12 May. Read more
Council of Europe e-Evidence Law Enforcement Cooperation
Report on JHA Network Activities 2021 
26 April 2022 (updated 3 years, 3 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 1/2022
In January 2022, Frontex published the Justice and Home Affairs Agencies' Network activity report. The report summarizes the networks meetings, thematic reports and cooperation of the year 2021. Furthermore, the report outlines the priorities for 2022. Read more
EU Law Enforcement Cooperation
New EMPACT Cycle Started - Impact by War in Ukraine 
12 April 2022 (updated 3 years, 11 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. / Thomas Wahl Thomas Wahl in Issue 1/2022
January 2022 saw the start of the new EMPACT cycle 2022-2025 to fight organised and serious international crime. In March 2022, the French Council Presidency outlined the impacts of the war in Ukraine on the EMPACT policy. Read more
EU Organised Crime Law Enforcement Cooperation
French Council Presidency Wants Better Use of SIS against Terrorists 
11 April 2022 (updated 4 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2022
At the beginning of its Council Presidency, France initiated discussion of whether the post-hit procedure in the Schengen Information System (SIS) for alerts related to terrorism should be improved. It is proposed that all Member States having previously volunteered receive alerts on certain terrorists and are mandatorily and automatically informed of the hits. Read more
EU Schengen Terrorism Law Enforcement Cooperation