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OLAF: Fraud Detected in Environmental Research
4 June 2020
Thomas Wahl
OLAF investigations dismantled a fraud scheme by a consortium that had received EU money to carry out environmental research. Apparently, the beneficiaries had neither the capacity nor the intention to carry out the environmental research project. Instead, the major share of the EU grant (€400,000) was pumped into a casino/hotel in Cyprus.
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EU
OLAF
Protection of Financial Interests
OLAF’s Work in Times of Crisis
4 June 2020
Thomas Wahl
On 7 April 2020, OLAF informed the public that it is still fully operational and committed to fighting fraud during the Coronavirus crisis.
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EU
Corona
OLAF
OLAF and WCO Step Up Cooperation
4 June 2020
Thomas Wahl
In April 2020, OLAF and the World Customs Organization (WCO) improved the sharing of information. Both anti-fraud bodies interconnected their databases with regard to tobacco smuggling.
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EU
OLAF
Commission Fights Spread of Disinformation about COVID-19 Pandemic
4 June 2020
Thomas Wahl
The Commission has undertaken steps to fight disinformation related to the outbreak of COVID-19 . On 30 March 2020, the Commission launched a new website that provides material and information on fact checks.
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EU
Security Union
Corona
EP Resolution on COViD-19 Pandemic and its Consequences
4 June 2020
Thomas Wahl
On 17 April 2020, the EP adopted a resolution that deals with a wide range of topics on how the EU can overcome the current COVID-19 pandemic and what the follow-up could look like.
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EU
Fundamental Rights
Corona
Rule-of-Law Developments in Hungary
19 May 2020
(updated 4 years, 10 months ago)
Thomas Wahl
European institutions have rule-of-law concerns with regard to Hungary. As in the case of Poland, Hungary faces several infringement actions before the CJEU. The recent developments in brief:
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EU
Fundamental Rights
Rule of Law
Threat of Rule of Law in Poland – Recent Developments
19 May 2020
(updated 4 years, 10 months ago)
Thomas Wahl
in Issue
1/2020
New actions and regulations initiated by the Polish ruling party to push through reforms in the justice system triggered further controversies between the country and European institutions/civil society organisations. An overview of the main recent events:
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EU
Fundamental Rights
Rule of Law
EDPB: CoE E-Evidence Legislation Must Ensure Strong Data Protection Safeguards
4 May 2020
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 …
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EU
e-Evidence
Law Enforcement Cooperation
Spotlight
CJEU Rules on Union-wide Enforcement of Fines against Legal Persons
4 May 2020
Thomas Wahl
After its judgment on the interpretation of the Framework Decision on the application of the principle of mutual recognition to financial penalties (FD 2005/214/JHA) of 5 December 2019 (see eucrim 4/2019, p. pp. 246-247), the CJEU delivered another important judgment on the …
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EU
Court of Justice of the European Union (CJEU)
Financial Penalties
CJEU: Confiscation of Illegal Assets via Civil Proceedings Possible
4 May 2020
Thomas Wahl
EU law does not preclude national legislation, which provides that a court may order the confiscation of illegally obtained assets following proceedings that were not subject either to a finding of a criminal offence or, a fortiori, the conviction of the persons accused of …
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EU
Freezing of Assets / Confiscation
Commission Announces New Victims’ Rights Strategy
4 May 2020
Thomas Wahl
On the occasion of the European Day for Victims of Crime on 22 February 2020 and following the xenophobic/racist attacks in Hanau/Germany on 19 February 2020, Commission Vice-President Věra Jourová and Commissioner for Justice Didier Reynders announced a new Commission strategy for victims’ rights …
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EU
Victim Protection
EDPB: Data Protection Guidelines on Video Surveillance
4 May 2020
Thomas Wahl
At its 17th plenary meeting on 28/29 January 2020, the European Data Protection Board (EDPB) adopted guidelines on the processing of personal data through video devices. The guidelines take into account a prior public consultation on the topic (see eucrim 2/2019, p. 105). …
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EU
Data Protection
Commission Presents European Data Strategy
4 May 2020
(updated 4 years, 2 months ago)
Thomas Wahl
in Issue
1/2020
On 19 February 2020, the Commission unveiled its plans and actions for a European data strategy. The new Commission under President Ursula von der Leyen set the ambitious goal that the EU become the leading role model for a society empowered by data to …
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EU
Data Protection
Council Endorses Start of Negotiations on EU-Japan PNR Deal
4 May 2020
Thomas Wahl
On 18 February 2020, the Council gave green light to the Commission to start negotiations with Japan on an agreement on the transfer and use of passenger name record (PNR) data. The Council endorsed the respective negotiating directives recommended by the Commission in September 2019 …
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EU
Judicial Cooperation
Data Protection
AG: Conditions of Access to Retained Telecommunications Data for Law Enforcement
4 May 2020
(updated 6 years, 1 month ago)
Thomas Wahl
Advocate General Giovanni Pitruzzella presented his opinion on the Estonian data retention law, advising on how Member States may arrange the contentious retention of personal data for law enforcement purposes while keeping in line with Union law (opinion of 21 January 2020, Case C-746/18 …
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EU
Data Protection
Spotlight
AG: Data Retention Should Be Strictly Limited
4 May 2020
(updated 5 years, 8 months ago)
Thomas Wahl
Advocate General (AG) Manuel Campos Sánchez-Bordona advocates that the CJEU’s rather restrictive case law on the retention of personal data and access to these data by law enforcement or intelligence authorities should be upheld. Following the judgment in the Joined Cases C-203/15, Tele2 Sverige, and …
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EU
Data Protection
Procedural Safeguards
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