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E-Evidence: Commission Obtains Mandates for EU-US Agreement and Negotiations in Council of Europe 
10 September 2019 (updated 4 years, 1 month ago)
Thomas Wahl Thomas Wahl in Issue 2/2019
After the respective recommendations put forward by the Commission (see eucrim 1/2019, p. 41), the Council gave two mandates to the Commission to negotiate on behalf of the EU agreements on access to e-evidence. The mandates endorsed on 6 June 2019 refer to:Conclusion of … Read more
EU Law Enforcement Cooperation
Spotlight EU Creates New Central Database for Convicted Third Country Nationals 
10 September 2019
Thomas Wahl Thomas Wahl
The European Parliament and the Council have established the legal framework that will facilitate the exchange of information on past convictions of third-country nationals (TCNs). The new legislation responds to the problem that the current ECRIS, which was put in place in 2012, does not sufficiently address the particularities of requests concerning third-country nationals. Read more
EU Criminal Records
CJEU: Executing MS Must Ensure Enforcement of Foreign Custodial Sentences against Residents  Poplawski II
10 September 2019 (updated 7 years ago)
Thomas Wahl Thomas Wahl
In a judgement delivered on 24 June 2019 in case C-573/17, the CJEU made fundamental statements on consequences of the primacy of Union law, the importance of interpretation in conformity with Union law, and the extent of limits to these principles. The legal background … Read more
EU European Arrest Warrant
Follow-up to the CJEU’s Judgments on the Concept of “Issuing Judicial Authority” 
10 September 2019 (updated 6 years, 1 month ago)
Thomas Wahl Thomas Wahl
Following the judgments of the CJEU in the case C-509/18 (PF) and Joined Cases C-508/18 (O.G.) & C-82/19 PPU (P.I.) - clarifying the criteria as to when public prosecution offices can be regarded as judicial authority within the meaning of Art. 6(1) FD EAW - Austria, Denmark, Italy, and Sweden issued notes clarifying the status of their public prosecution offices, which are to be regarded as judicial authorities in the opinion of these Member States. Read more
EU European Arrest Warrant
Clarifying the Concept of ‘Issuing Judicial Authority’ under the EAW 
10 September 2019 (updated 4 years ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
Eurojust compiled a country-by-country overview based on Member States' reactions to the judgments of the CJEU in joined cases C-508/18 (OG) and C-82/19 PPU (PI) and case C-509/18 (PF) on the interpretation of the concept of "an issuing judicial authority" within the meaning of Art. 6(1) Framework Decision 2002/584/JHA on the European Arrest Warrant. Read more
EU Eurojust European Arrest Warrant
Infringement Proceedings Against Ireland For Failure to Transpose Several Mutual Recognition Instruments 
10 September 2019
Thomas Wahl Thomas Wahl
On 25 July 2019, the Commission sent reasoned opinions to Ireland for having failed to transpose a number of framework decisions strengthening judicial cooperation in criminal matters and implementing the principle of mutual recognition. Read more
EU Judicial Cooperation
Council: The Way Forward in the Field of Mutual Recognition in Criminal Matters 
10 September 2019
Thomas Wahl Thomas Wahl
The Romanian Council Presidency continued the debate on the future of mutual recognition in criminal matters. Following the Council conclusions on mutual recognition in December 2018, it compiled a report giving an overview of the current challenges in EU judicial cooperation in criminal matters. Read more
EU Judicial Cooperation
Finnish Council Presidency: Alternatives to Detention as Partial Solution for More Effective Mutual Recognition 
10 September 2019
Thomas Wahl Thomas Wahl
The Finnish Council Presidency, which began on 1 July 2019, continued discussions initiated by previous Presidencies on how more effective judicial cooperation in criminal matters can be ensured and how current obstacles to the implementation of the principle of mutual recognition can be overcome. One particular focus is on alternatives to detention. Read more
EU Judicial Cooperation
Prüm Cooperation: Agreements with Switzerland and Liechtenstein 
10 September 2019
Thomas Wahl Thomas Wahl
On 27 June 2019, the EU signed agreements with Switzerland and Liechtenstein allowing the two countries to participate in the police cooperation scheme established by the so-called Prüm decisions. The core of the Prüm legal framework is the speedy and efficient exchange of police information, especially as regards DNA profiles, dactyloscopic data (fingerprints), and data on vehicles and their owners. Read more
EU Police Cooperation
Victims’ Rights Directive: Commission Initiates Infringement Proceedings Against Nine Member States 
10 September 2019 (updated 7 years ago)
Thomas Wahl Thomas Wahl
On 25 July 2019, the Commission decided to open infringement proceedings against nine EU Member States for not having completely transposed Directive 2012/29/EU on the rights, support and protection of victims of crime. Read more
EU Victim Protection
Art. 54 CISA and Red Notices  German Administrative Court Casts Doubt on Reliability of Interpol
10 September 2019
Thomas Wahl Thomas Wahl
Whether the maintenance of Red Notices by Interpol is in line with a person’s right to free movement within the European Union is the subject of a reference for preliminary ruling by the Adminstrative Court of Wiesbaden, Germany, launched on 27 June 2019. Read more
EU Ne bis in idem
Council: The Way Forward in Data Retention 
10 September 2019 (updated 5 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2019
The Council remains committed to establishing a European regime on the retention of electronic communication data for the purpose of fighting crime. Following the conclusions on data retention drawn under the Austrian Council Presidency in December 2018, the JHA Council again adopted conclusions in the matter at the end of the Romanian Council Presidency at its meeting on 6 June 2019. Read more
EU Law Enforcement Cooperation Data Protection
PNR Collection Also for Maritime and Railway Traffic? 
10 September 2019
Thomas Wahl Thomas Wahl
The Finnish Council Presidency intensifies discussion on whether the scope of the EU’s Directive on the use of passenger name record (PNR) data for the prevention, detection, investigation, and prosecution of terrorist offences and serious crime (Directive (EU) 2016/681) should be broadened. In a discussion paper, tabled on 25 June 2019, the Finnish Presidency invites the other Member States to discuss the usefulness and benefits of gathering PNR on other travelling forms. Read more
EU Law Enforcement Cooperation Data Protection
Reference for Preliminary Ruling on Data Protection and Judicial Independence 
10 September 2019
Thomas Wahl Thomas Wahl
The Administrative Court of Wiesbaden, Germany referred two questions for a preliminary ruling to the CJEU that deal with Regulation 2016/ 679 ‒ the General Data Protection Regulation (GDPR) – and the independence of the judiciary in the federal state of Hesse. Read more
EU Fundamental Rights Data Protection
Draft Data Protection Guidelines on Videosurveillance 
10 September 2019
Thomas Wahl Thomas Wahl
On 10 July 2019, the European Data Protection Board (EDPB) published draft guidelines on processing of personal data through video devices. The aim of the guidelines is to ensure the correct, consistent application of the EU’s General Data Protection Regulation (GDPR) in cases of … Read more
EU Data Protection
Implementation of the GDPR: Commission Generally Satisfied 
10 September 2019
Thomas Wahl Thomas Wahl
Over a year after the application of the General Data Protection Regulation (GDPR), the European Commission makes an overall positive assessment. In a report, published on 24 July 2019, the Commission concludes that most Member States have set up the necessary legal framework and that the new governance system is falling into place. Read more
EU Data Protection