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Europol TE-SAT 2023 
15 November 2023 (updated 1 year, 8 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 2/2023
In its 2023 TE-SAT report, Europol provides a situational overview on terrorism in 2022. The report presents figures and developments within the terrorism landscape in the EU. It compiled the findings of EU Member States and Europol on trends emerging in terrorism over the year 2022. Read more
EU Europol Terrorism
New National Member for Portugal at Eurojust 
14 November 2023
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
Since 8 November 2023, Mr José Luis Ferreira Trindade has been a Eurojust National Member for Portugal. Mr Trindade can look back on a long-standing career with Eurojust, where he started as Assistant to the National Member in 2016 and then became Deputy National Member … Read more
EU Eurojust
Rule of law developments in Poland: May-October 2023 
14 November 2023
Thomas Wahl Thomas Wahl
This news item continues the overview of rule-of-law developments in Poland (as far as they relate to European law) from 1 May to 31 October 2023. They follow up the overview in → eucrim 1/2023, 4-5. Read more
EU Fundamental Rights Rule of Law
ECJ Clarifies Rights of Suspects in the Event of Personal Search and Seizure 
13 November 2023
Thomas Wahl Thomas Wahl
On 7 September 2023, the ECJ ruled on the scope of Directives 2012/13 on the right to information in criminal proceedings and (EU) 2013/48 on the right of access to a lawyer in criminal proceedings when persons are subjected to a strip search for drug possession and the seizure of illegal substances or assets. Read more
EU Procedural Safeguards
EP Reinforced its Anti-corruption Rules 
11 November 2023
Thomas Wahl Thomas Wahl
On 1 November 2023, amendments to the European Parliament's Rules of Procedure entered into force. The amendments strengthen integrity, transparency and accountability in the European Parliament (EP) as a response to the Quatargate corruption scandal. They were decided in plenary on 13 September 2023 and … Read more
EU European Parliament Corruption
German Lawyer Associations Voice Concerns over Commission's Anti-corruption Directive 
10 November 2023
Thomas Wahl Thomas Wahl
In September 2023, the German Federal Law Society and the German Bar Association criticised the Commission's draft for a directive on combating corruption. Accordingly, the draft disregards the principles of proportionality and subsidiarity and extends civil law obligations into the area of criminal law. Read more
EU Corruption
Spotlight E-evidence Regulation and Directive Published 
9 November 2023 (updated 2 years, 7 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2023
After five years of negotiations, the Council and the European Parliament (EP) finally adopted the legislative acts that will introduce a new system for the gathering of electronic evidence in criminal proceedings in the EU. This Spotlight provides a summary of the key features of the new legal framework, in particular as regards the obligations for and rights of the main actors. Read more
EU e-Evidence Law Enforcement Cooperation
Working Arrangement between EPPO and French FIU 
8 November 2023 (updated 2 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2023
On 26 October 2023, the EPPO and the Financial Intelligence Unit (FIU) of France (Tracfin) signed a working arrangement (WA). The WA establishes a structured and organisational framework for the cooperation between the two bodies. In particular, the WA aims to facilitate the exchange of … Read more
EU European Public Prosecutor's Office (EPPO)
EDPB/EDPS Joint Opinion on Proposal for a Regulation on the Establishment of the Digital Euro 
1 November 2023
Dr. Anna Pingen Dr. Anna Pingen
The European Commission adopted a legislative package on the digital euro on 28 June 2023. It included a proposal to establish a legal framework for a possible digital euro. More specifically, the proposal establishes the framework for the European Central Bank (ECB) to issue the … Read more
EU Data Protection
EU Reactions to Russian War against Ukraine: Overview July 2023 – September 2023 
1 November 2023
Dr. Anna Pingen Dr. Anna Pingen / Thomas Wahl Thomas Wahl
This news item continues the reporting on key EU reactions following the Russian invasion of Ukraine on 24 February 2022 in view of the impact on the EU's internal security policy, criminal law, and the protection of the EU’s financial interests. The overview covers the period from beginning of July 2023 to the end of September 2023. It connects to previous overviews, which were published in the eucrim issues of 2022 and 1/2023. Read more
EU Area of Freedom, Security and Justice Ukraine conflict Protection of Financial Interests
EU Commission Presents Package of Measures to Reinforce the Long-Term Budget 
31 October 2023
Thomas Wahl Thomas Wahl
On 20 June 2023, the Commission proposed a targeted revision of the MFF to equip the MFF with the means to ensure that the EU can meet its legal obligations and address the most urgent priorities. Read more
EU Protection of Financial Interests
EDPB Provides Guidance on "Appropriate Safeguards" Assessment under LED 
30 October 2023
Thomas Wahl Thomas Wahl
On 19 September 2023, the European Data Protection Board (EDPB) adopted guidelines on the application of Art. 37 of Directive 2016/680. The guidelines provide practitioners with clarification which conditions must be met if appropriate data protection safeguards in a third country or international organisation are assessed that would allow a data transfer from the EU for law enforcement purposes. Read more
EU Law Enforcement Cooperation Data Protection
General Court: EDPS Action against Europol Regulation Inadmissible 
24 October 2023 (updated 2 years ago)
Thomas Wahl Thomas Wahl in Issue 2/2023
On 6 September 2023, the General Court (GC) dismissed the action for annulment of parts of the new Europol Regulation brought by the European Data Protection Supervisor (EDPS) as inadmissible. The GC argued that the EDPS is not directly concerned by the contested provisions. Read more
EU Legislation Europol European Data Protection Supervisor (EDPS)
AG Backs Softening of Data Retention Jurisprudence for Internet Infringements 
16 October 2023 (updated 1 year, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2023
On 28 September 2023, First Advocate General (AG) Szpunar confirms his viewpoint that the retention of and access to civil identity data linked to the IP address used is to be permitted if this data represents the only clue for establishing the identity of persons who have committed copyright infringements exclusively on the internet. Read more
EU Data Protection
ECJ: No Use of Data Retained for Criminal Proceedings in Administrative Proceedings for Corruption 
16 October 2023 (updated 1 year, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2023
The ECJ ruled on 7 September 2023, in Case C-162/22, that retained data provided to authorities for the purpose of combating serious crime cannot be used in the context of investigations for a disciplinary offense related to corruption. Read more
EU Data Protection
Spotlight Europol Published First Threat Assessment on Financial and Economic Crime 
16 October 2023
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
At the beginning of September 2023, Europol published a threat assessment on financial and economic crime. It is the first Europol threat assessment report in this criminal area. Under the title “The other side of the coin: an analysis of financial and economic crime in the EU”, the report deals with all financial and economic crimes affecting the EU. Read more
EU Europol Corruption Money Laundering Organised Crime Protection of Financial Interests