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Spotlight High Level Group Recommendations on Law Enforcement Data Access 
27 January 2025 (updated 1 year, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2024
This news item summarises the recommendations and major conclusions of the High-Level Group on access to data for effective law enforcement. It also reports on the controversies the report triggered with data protection experts and civil society organisations. Read more
EU Fundamental Rights Area of Freedom, Security and Justice Digital Space Regulation Law Enforcement Cooperation
German Federal Constitutional Court: Use of EncroChat Data in Criminal Proceedings Admissible 
21 January 2025 (updated 1 year, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2024
On 1 November 2024, the German Federal Constitutional Court rejected a constitutional complaint against a criminal conviction for dealing in narcotics in a non-negligible quantity, which was based on the use of EncroChat data as evidence. The Federal Constitutional Court in essence backed the case law of the Federal Court of Justice which sees no exclusionary rule in the use of said data which were gathered by French law enforcement authorities via the use of mass surveillance technology. Read more
EU Fundamental Rights Organised Crime European Investigation Order Law Enforcement Cooperation Data Protection
Key Challenges for Effective Response to Victims of Crime 
13 January 2025
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 4/2024
On 28 November 2024, the EU Agency for Fundamental Rights (FRA) published a paper titled “Stepping up the response to victims of crime: FRA’s findings on challenges and solutions” The paper outlines the main challenges and solutions in promoting and protecting victims' rights … Read more
EU Fundamental Rights Agency for Fundamental Rights (FRA) Victim Protection
Spotlight ECJ Ruled on Police Access to Mobile Phone Data 
16 December 2024 (updated 8 months, 2 weeks ago)
Thomas Wahl Thomas Wahl in Issue 3/2024
What parameters should govern police access to cell phone data? The ECJ’s Grand Chamber landmark ruling in the Case C-548/21 (“Bezirkshauptmannschaft Landeck”) stressed that access is not necessarily limited to the fight against serious crime; instead, national legislation must have safeguards to uphold the principle of proportionality. Read more
EU Fundamental Rights Data Protection
Spotlight ECJ Strengthens Legal Professional Privilege in the Exchange of Tax Information 
11 November 2024
Thomas Wahl Thomas Wahl in Issue 3/2024
On 26 September 2024, the ECJ handed down an important judgment on the extent of the protection of the confidentiality of lawyer-client communication in the cross-border exchange of information on tax matters. The ECJ ruled that the Luxembourgish legislation under which advice and representation by a lawyer in tax matters do not enjoy the strengthened protection of communications between lawyers and their clients is incompatible with Art. 7 of the Charter of Fundamental Rights of the EU. Read more
Fundamental Rights Tax Evasion Procedural Safeguards
ECJ Ruled on Res Judicata Effects of Administrative Court Decision before Criminal Courts 
28 October 2024
Dr. Anna Pingen Dr. Anna Pingen in Issue 3/2024
On 26 September 2024, the Court of Justice of the European Union (ECJ) issued a judgment in Case C-792/22 ("Energotehnica") addressing the binding force of administrative court judgements for criminal proceedings and the primacy of EU law over conflicting national court decisions. Read more
EU Fundamental Rights Rule of Law Area of Freedom, Security and Justice Procedural Safeguards Victim Protection
Spotlight ECJ Ruled on Fundamental Rights Test for Surrenders to the United Kingdom 
23 October 2024 (updated 1 year, 4 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2024
On 29 July 2024, the ECJ delivered an important judgment on the conditions under which surrender of a person can be granted by a EU Member State to the United Kingdom (UK). The Court interpreted the fundamental rights clause enshrined in the Trade and Cooperation Agreement (TCA) between the European Union and the United Kingdom and held that the surrender mechanism under the TCA differs from the one provided by the EU’s Framework Decision on the European Arrest Warrant. Read more
EU Fundamental Rights Brexit European Arrest Warrant Judicial Cooperation
AG Gives Opinion on EAW Competing with Extradition Request 
2 October 2024 (updated 3 months, 3 weeks ago)
Thomas Wahl Thomas Wahl in Issue 3/2024
On 5 September 2024, Advocate General (AG) Nicholas Emiliou presented his opinion in case C-763/22 (Procureur de la République v OP). The case concerns the conditions under which EU Member States may decide on the competition between a European Arrest Warrant and … Read more
EU Fundamental Rights European Arrest Warrant Judicial Cooperation
ECJ Ruled on Reporting Obligations for Aggressive Tax Planning 
16 September 2024 (updated 1 year, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2024
In its judgment of 29 July 2024, the ECJ upheld the EU’s system on reporting obligations for intermediaries to inform tax authorities of certain cross-border arrangements that could potentially be used for aggressive tax planning. The ECJ particularly did not consider that the underlying EU legislation is invalid. Read more
EU Fundamental Rights Tax Evasion
ECJ Ruled on Right to Trial Participation via Videoconference 
3 September 2024 (updated 1 year, 11 months ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 2/2024
The ECJ ruled on 4 July 2024 that Art. 8(1) of Directive 2016/343 does not preclude an accused person from participating in his or her trial by videoconference if he or she expressly requests to do so, provided that all necessary safeguards are in place to ensure that the trial remains fair. Read more
EU Fundamental Rights Procedural Safeguards
2023 Annual Report of the Frontex Fundamental Rights Officer 
8 August 2024
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 2/2024
On 10 July 2024, the Frontex Fundamental Rights Officer released its Annual Report for the year 2023.In the first chapter, the report presents the main findings of the Fundamental Rights Officer's monitoring of Frontex in different thematic areas, e.g., return operations. In 2023, … Read more
EU Fundamental Rights Frontex
New Factsheet: The EAW Under the Case Law of the CJEU and ECtHR 
24 July 2024 (updated 1 year, 11 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 2/2024
In June 2024, the Fundamental Rights Agency (FRA), together with the Registry of the European Court of Human Rights (ECtHR), prepared a factsheet on the European Arrest Warrant (EAW) and the EU Member States' obligations to respect fundamental rights. The factsheet highlights jurisprudence in selected … Read more
Council of Europe EU Fundamental Rights European Court of Human Rights Court of Justice of the European Union (CJEU) Agency for Fundamental Rights (FRA) European Arrest Warrant
Spotlight ECJ Ruled on Mutual Recognition of Refugee Status in Extradition Proceedings 
18 July 2024 (updated 1 year, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2024
On 18 June 2024, the ECJ ruled that an EU Member State cannot extradite a third-country national to his country of origin if he has been granted refugee status by another EU Member State. As long as this status has not been revoked or withdrawn, extradition may not take place. The ECJ added that the authorities in the EU Member States involved must cooperate. Read more
Fundamental Rights Judicial Cooperation Procedural Safeguards
FRA Fundamental Rights Report 2024 
15 July 2024 (updated 1 year, 11 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 2/2024
The FRA’s most recent Fundamental Rights Report (published in June 2024) analyses last year's developments in fundamental rights. True to its name “Towards a democracy anchored in fundamental rights”, the report focuses on key developments and shortfalls of fundamental rights protection in 2023. In addition, … Read more
EU Fundamental Rights Agency for Fundamental Rights (FRA)
Spotlight ECJ Ruled on Data Retention of IP Addresses in Piracy Cases 
28 June 2024 (updated 1 year, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2024
In its landmark judgment of 30 April 2024, the ECJ specified the requirements for the access to retained identification data on the basis of IP addresses. With this judgment, the ECJ partly deviates from its strict approach on data retention and admits law enforcement access to identity data in order to combat criminal offences of piracy in the internet. Read more
EU Fundamental Rights Data Protection
Spotlight ECJ: Requirements for Access to Telephone Connection Data for the Purpose of Identifying Offenders 
28 June 2024 (updated 1 year, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2024
In its judgment of 30 April 2024, the ECJ clarified under which conditions law enforcement authorities can have access to a set of traffic and location data in the context of criminal investigations. Read more
EU Fundamental Rights Data Protection