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Current Legislative JHA Proposals 
8 April 2019 (updated 7 years, 5 months ago)
Thomas Wahl Thomas Wahl
In view of the JHA Council meeting on 7-8 March 2019, the Romanian Council Presidency gave an overview of the current state of play of justice and home affairs legislative items. Criminal law-related items include, for instance:Legislative package on the interoperability of EU … Read more
EU Legislation
Brexit: UK Government Prepares No Deal Scenario 
8 April 2019 (updated 7 years, 5 months ago)
Thomas Wahl Thomas Wahl
The British government has tabled “Regulations” that contain legislative amendments and regulatory measures in the area of security, law enforcement, and criminal justice. They “will provide legal and operational certainty.” by ensuring that the UK’s statute book continues to function effectively should the UK leave the EU without an agreement end of March 2019. Read more
EU Area of Freedom, Security and Justice
Endangered Lawyers – Hearing at the EP 
8 April 2019 (updated 7 years, 5 months ago)
Thomas Wahl Thomas Wahl
On 19 February 2019, the EP’s Subcommittee on Human Rights (DROI) held a hearing on “attacks on the legal profession and lawyers defending human rights.” The persecution of lawyers has intensified worldwide. Lawyers defending human rights and representatives of NGOs reported that the professional activity of lawyers is increasingly subject to difficult conditions, e.g., abusive infringements of professional secrecy or surveillance of client conversations. Read more
EU Fundamental Rights
New Special Representative for Human Rights 
8 April 2019 (updated 7 years, 5 months ago)
Thomas Wahl Thomas Wahl
On 28 February 2019, the Council appointed Eamon Gilmore as EU Special Representative for Human Rights. Read more
EU European Commission for the efficiency of justice (CEPEJ)
No Progress in Art. 7 TEU Procedure Against Poland and Hungary 
8 April 2019 (updated 7 years, 5 months ago)
Thomas Wahl Thomas Wahl
At its meeting of 19 Feburary 2019, the General Affairs Council dealt with the Article 7 TEU procedure concerning Poland and Hungary. Statements of Member States on the rule-of-law situation in these two countries were cautious. Read more
EU Fundamental Rights
EP: Strengthening Potential of Charter 
8 April 2019 (updated 7 years, 5 months ago)
Thomas Wahl Thomas Wahl
The European Union must take resolute steps to strengthen its own efforts to guarantee the enjoyment of all rights of the Charter of Fundamental Rights, including social rights. This is one of the main requests in an EP resolution of 12 February 2019 “on the implementation of the Charter of Fundamental Rights of the European Union in the EU institutional framework.” The non-legislative resolution was adopted by 349 to 157 votes (with 170 abstentions). Read more
EU Fundamental Rights
EP: Step up Efforts to Effective Protection of Rule of Law and European Values 
8 April 2019 (updated 4 years, 10 months ago)
Thomas Wahl Thomas Wahl
On 16 January 2019, the European Parliament called on all relevant actors at the EU and national levels − including governments, parliaments, and the judiciary − to step up efforts to uphold and reinforce the rule of law. Read more
EU Fundamental Rights Rule of Law
US CLOUD Act: EU Wants Executive Agreement with the U.S. 
18 February 2019
Thomas Wahl Thomas Wahl
The EU and the U.S. agreed that the U.S. will negotiate one "executive agreement" with the EU in the framework of the US CLOUD Act. The Commission and the Council are preparing the mandate in order to start the negotiations. Read more
EU Law Enforcement Cooperation
Civil Society Organisations Voice Concerns over Council Plans on E-Evidence 
18 February 2019
Thomas Wahl Thomas Wahl
Eighteen civil society organisations urged Member States to seriously reconsider its draft position on law enforcement access to “e-evidence” on the eve of the vote on the general approach in the Council. Read more
EU Law Enforcement Cooperation
Council Pushes for E-Evidence Law, EP Applies the Brakes 
18 February 2019 (updated 4 years ago)
Thomas Wahl Thomas Wahl in Issue 4/2018
On 7 December 2018, under the Austrian Presidency, the JHA Council agreed on its position on a proposal for a regulation on European production and preservation orders for e-evidence in criminal matters. Meanwhile, the European Parliament dampened expectations that it will finalise the legislation by the end of the parliamentary term in May 2019. Read more
EU e-Evidence Law Enforcement Cooperation
CJEU: Consequences of Failure to Refer to Additional Sentence in EAW 
18 February 2019
Thomas Wahl Thomas Wahl
On 6 December 2018, the CJEU delivered its judgment in Case C-551/18 PPU, which concerns the execution of a European Arrest Warrant (EAW) issued against IK. The judgment mainly concerns the interpretation of Art. 8 FD EAW (entitled “content and form of an EAW”), but also Art. 15 (communication of supplementary information) and Art. 27 (rule on speciality). Read more
EU European Arrest Warrant
CJEU: Surrender of Resident if Executing State Unable to Enforce Custodial Sentence 
18 February 2019
Thomas Wahl Thomas Wahl
On 13 December 2018, the CJEU decided on a request for a preliminary ruling that concerned the interpretation of Art. 4 No. 6 FD EAW in conjunction with the divergent levels of sanctioning among the EU Member States.Facts of the CaseIn the case … Read more
EU European Arrest Warrant
CJEU: Obligations of MS if Extradition Sought to Enforce Custodial Sentence for Union Citizens 
18 February 2019 (updated 3 years, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2018
The Korkein oikeus (Finnish Supreme Court) referred to the CJEU to know whether (and, if yes, how) the concept established in the CJEU's Petruhhin judgment not only applies to extraditions for the purpose of prosecution but also to those for the purpose of enforcing custodial sentences. The Grand Chamber of the CJEU delivered its judgment in this case (C-247/17 – Denis Raugevicius) on 13 November 2018. Read more
EU Judicial Cooperation
Council Conclusions on Mutual Recognition 
18 February 2019
Thomas Wahl Thomas Wahl
At their meeting of 7 December 2018, the EU Member States’ Ministers for Justice adopted Council conclusions on mutual recognition in criminal matters. The conclusions contain several calls on the Member States and the Commission. Read more
EU Area of Freedom, Security and Justice Judicial Cooperation
Spotlight Regulation on Freezing and Confiscation Orders 
18 February 2019 (updated 5 years, 7 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2018
The European Parliament and the Council adopted a regulation on the mutual recognition of freezing orders and confiscation orders. The new legal framework (Regulation (EU) 2018/1805) was published in the Official Journal of the EU of 28 November 2018 (O.J. L 303/1). The Regulation replaces the provisions of Framework Decision 2003/577/JHA as regards the freezing of property and Framework Decision 2006/783/JHA as of 19 December 2020. Read more
EU Freezing of Assets / Confiscation
FRA Handbook on Profiling 
18 February 2019
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
In December 2018, FRA published a handbook aiming to contribute to the prevention of unlawful profiling. Read more
EU Data Protection