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Dismantled Encryption Networks: German Courts Confirmed Use of Evidence from EncroChat Surveillance 
20 March 2021 (updated 4 years, 4 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2021
Two German courts confirmed warrants for pre-trial detention against persons whose criminal activities had been revealed as a follow-up of the infiltration of the encrypted communication network EncroChat. On 10 March 2021, Eurojust and Europol reported another successful strike against an encrypted communication network that was predominantly used by organised crime groups. Read more
EU Organised Crime Law Enforcement Cooperation Data Protection
Council Conclusions on Enhancing Law Enforcement Cooperation 
9 February 2021
Thomas Wahl Thomas Wahl
Alongside conclusions on internal security ( → separate news item under “Security Union”), the Council adopted conclusions on 14 December 2020 pointing the ways towards enhancing cross-border law enforcement/police cooperation. Read more
EU Security Union Law Enforcement Cooperation
E-Evidence Package: EP Paves Way for Trilogue Negotiations 
19 January 2021 (updated 4 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2020
In December 2020, the EP adopted its position on the contentious Commission proposals on gathering electronic evidence at IT companies. Now, trilogue negotiations can start between the EP, the Council and the Commission. Read more
EU e-Evidence Law Enforcement Cooperation
16th JITs Annual Network Meeting 
19 January 2021
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 10 November 2020, the National Experts for Joint Investigation Teams (JITs) met online to discuss digital tools for Joint Investigation Teams (JITs). Against the background of the current COVID-19 pandemic crisis, the need to move towards a digital era for JITs was the main … Read more
EU Eurojust Law Enforcement Cooperation
CEPS/QMUL Report Helps Navigate the E-Evidence Discussion 
28 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
In October 2020, a taskforce of the Centre for European Policy Studies (CEPS) and Queen Mary University of London (QMUL) published a report on "Cross-border data access in criminal proceedings and the future of digital justice". The report contributes to the current discussion on … Read more
EU e-Evidence Law Enforcement Cooperation
25 Organisations Demand Fundamental Rights-Based Approach to E-Evidence Legislation 
28 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
In a joint letter of 14 September 2020, a coalition of 25 organisations calls on the members of the EP’s LIBE Committee to ensure that forthcoming legislation on e-evidence contains procedural safeguards for journalists, doctors, lawyers, social workers, etc. The signatories, which include professional … Read more
EU e-Evidence Law Enforcement Cooperation
E-Evidence Legislation – State of Play 
28 December 2020 (updated 5 years, 3 months ago)
Thomas Wahl Thomas Wahl
At a videoconference on 9 October 2020, the German Council Presidency informed the justice ministers of the state of play regarding the e-evidence legislative proposals, submitted by the Commission in April 2018 ( → eucrim 1/2018, 35-36). The proposals – one for a … Read more
EU e-Evidence Law Enforcement Cooperation
CJEU Judgment on the Right to Judicial Review in Tax Cooperation 
8 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 6 October 2020, the CJEU delivered its judgment in Joined Cases C-245/19 (Luxembourg State v B) and C-246/19 (Luxembourg State v B and Others).The background of the preliminary ruling (brought by the Higher Administrative Court, Luxembourg) is a request … Read more
EU Fundamental Rights Protection of Financial Interests Tax Evasion Law Enforcement Cooperation
JHA Cooperation with Western Balkans 
29 November 2020
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 22 October 2020, representatives of the German Presidency of the Council of the EU and the European Commission met online with their counterparts from the Western Balkans to discuss their cooperation in the area of Justice and Home Affairs (JHA).More efficient migration management … Read more
EU Law Enforcement Cooperation
Training on Requesting E-Evidence 
29 November 2020
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
Europol’s training game SIRIUS, which has been offering law enforcement training in the field of online investigations since 2017 ( àeucrim news dated 17 February 2020), now also takes the user through an immersive scenario to learn how to request data from online … Read more
EU Europol Law Enforcement Cooperation
EMPACT Crime Fighting Initiative: 2019 Results 
31 August 2020 (updated 5 years, 2 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 2/2020
On 1 July 2020, the EU’s operational mechanism to fight organised international crime, EMPACT, published its operational results for 2019. Within the framework of the EU Policy Cycle to tackle organised and serious international crime, factsheets outline the numbers of arrests, investigations, action days, … Read more
EU Europol Organised Crime Law Enforcement Cooperation
JHA Agencies Response to COVID-19 
31 August 2020
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
The nine EU Justice and Home Affairs (JHA) Agencies (CEPOL, EASO, EIGE, EMCDDA, eu-LISA, Eurojust, Europol, FRA, and Frontex) published a joint paper summarising their response to the COVID-19 pandemic. Since its beginning, the Agencies have aimed at supporting EU Member States and institutions to … Read more
EU Corona Europol Eurojust Frontex Agency for Fundamental Rights (FRA) Law Enforcement Cooperation
CJEU Rules on Recognition of Probation Decisions 
14 August 2020 (updated 5 years, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2020
The recognition of a judgment suspending the execution of a custodial sentence, only under the condition that the accused does not commit new offences during a probation period, may fall within the scope of Framework Decision 2008/947/JHA. This was decided by the CJEU on … Read more
EU Court of Justice of the European Union (CJEU) Law Enforcement Cooperation
EDPB: CoE E-Evidence Legislation Must Ensure Strong Data Protection Safeguards 
4 May 2020
Thomas Wahl Thomas Wahl
In view of the negotiations on a Second Additional Protocol to the CoE Cybercrime Convention (Budapest Convention), which will include a framework for law enforcement authorities to directly receive data from service providers, the European Data Protection Board addressed a letter to the responsible CoE … Read more
EU e-Evidence Law Enforcement Cooperation
Commission Updates on E-Evidence Negotiations with US and at Council of Europe  none
22 February 2020 (updated 5 years, 8 months ago)
Thomas Wahl 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
EU Law Enforcement Cooperation
First EU Digital Evidence Situation Report Published 
17 February 2020 (updated 3 years, 8 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 20 December 2019, Europol published a new report, giving an overview on the status of access of EU Member States to electronic evidence held by foreign-based Online Service Providers (OSPs) in the context of criminal investigations. Looking at the year 2018, the new … Read more
EU Europol e-Evidence Law Enforcement Cooperation