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New Controversies around Proposal to Combat Child Sexual Abuse Online 
2 September 2022 (updated 2 years, 9 months ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 3/2022
The Commission's proposal to prevent and combat child sexual abuse online remains controversial. While more than 70 child rights organisations support the EU’s proposed law to protect children from sexual abuse in an open letter, the European Data Protection Board and the European Data Protection Supervisor pointed out the serious risk the proposal presents for fundamental rights in their Joint Opinion of 28 July 2022. Read more
EU Fundamental Rights Artificial Intelligence (AI) Legislation European Data Protection Supervisor (EDPS) Cybercrime
EDPS: Robust Data Protection Safeguards Needed in Asset Recovery Proposal 
17 August 2022
Dr. Anna Pingen Dr. Anna Pingen
In an opinion on the Commission's proposal on asset recovery and confiscation from May 2022, the EDPS welcomed the commitments to data protection, but stressed that further efforts are needed to achieve compliance with the EU's data protection legislation. Read more
EU Ukraine conflict European Data Protection Supervisor (EDPS) Data Protection Freezing of Assets / Confiscation
Spotlight Commission’s 2022 Rule of Law Report 
14 August 2022 (updated 3 years, 3 months ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 3/2022
On 13 July 2022, the Commission presented its third EU-wide Report on the Rule of Law. the Commission recognized that Russia’s military aggression against Ukraine and its people constituted a direct challenge to EU values and the rule-based world order. It includes an overview of the trends in the EU as a whole and 27 country chapters looking at developments in every Member State since July 2021. Read more
EU Fundamental Rights Rule of Law
Commission Triggers Conditionality Mechanism against Hungary 
10 August 2022 (updated 3 years, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
On 27 April 2022, the European Commission officially triggered the so-called conditionality mechanism against Hungary. Based on Regulation 2020/2092, the mechanism allows the EU to cut off an EU Member State from receiving EU money if it breaches principles of the rule of law. Read more
EU Rule of Law Protection of Financial Interests
EP and Council Reach Consensus on E-evidence Dossier 
9 August 2022 (updated 3 years, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
On 28 June 2022, negotiators of the European Parliament (EP) and the Council reached a political agreement on the core elements of the e-evidence package. The EP side was able to push through major safeguards for fundamental rights and data protection. Read more
EU e-Evidence Law Enforcement Cooperation
Europol Improves Data Exchange with New Zealand 
8 August 2022 (updated 1 year, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
On 30 June 2022, the EU and New Zealand signed an agreement on the exchange of personal data between Europol and New Zealand to better fight crime and terrorism. The agreement aims to promote law enforcement cooperation while ensuring strong protection of fundamental rights, such … Read more
EU Europol
Commission Tabled Evaluation of Victims’ Rights Directive 
8 August 2022 (updated 2 years, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
On 28 June 2022, the Commission published an evaluation of the Victims’ Rights Directive (Directive 2012/29/EU). This will feed into a proposal for a revision of the Directive, which is expected next year. According to Justice Commissioner Didier Reynders, there is a … Read more
EU Victim Protection
EP Stands Up for “EU Green Prosecutor” 
8 August 2022
Thomas Wahl Thomas Wahl
In a resolution adopted on 23 June 2022 on illegal logging in the EU, MEPs emphasises, among other things, that the establishment of a "green prosecutor" could help to combat environmental crimes, such as illegal logging. This could be achieved by broadening the mandate … Read more
EU European Public Prosecutor's Office (EPPO) Environmental Crime
Europol TE-SAT 2022 
8 August 2022 (updated 1 year, 8 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 2/2022
On 13 July 2022, Europol published its EU Terrorism Situation and Trend Report (TE-SAT) 2022. The report gives an overview of terrorism in Europe in 2021, analyses the situation regarding Jihadist, right-wing/left-wing and anarchist terrorism as well as ethno-nationalist and separatist terrorism, and provides for an outlook on potential developments. Read more
EU Europol Terrorism
15 Member States Have Not Transposed Whistleblower’s Directive – Infringement Proceedings Continue 
6 August 2022
Thomas Wahl Thomas Wahl
On 15 July 2022, the European Commission informed the public that it proceeded with infringement proceedings against 15 EU Member States for not having transposed the Directive on the protection of persons who report breaches of Union law (the “EU Whistleblower’s Directive”). The deadline for transposition ended in December 2021. Read more
EU Victim Protection
New Surveys on Citizens’ and Businesses’ Perception of Corruption in the EU 
6 August 2022
Thomas Wahl Thomas Wahl
On 13 July 2022, the European Commission published two Eurobarometer surveys showing the public’s opinion on corruption in the EU. The surveys are important sources of information for the European Commission to further develop EU legislation and actions against corruption. Read more
EU Corruption
EP Pleads for Strong Safeguards in Future EU-Interpol Agreement 
6 August 2022
Thomas Wahl Thomas Wahl
According to MEPs, the final international agreement between the EU and Interpol must take robust measures to guarantee compliance with the principles relating to the processing of personal data, as set out in the EU data protection acquis, and the accuracy of personal data received in the context of this cooperation. Read more
EU Police Cooperation
CJEU: Dutch Appeal System in Line with FD 2005/214 
5 August 2022
Thomas Wahl Thomas Wahl
On 7 April 2022, the CJEU decided on the compatibility of the Dutch procedure to impose fines in respect of a criminal offence with Framework Decision (FD) 2005/214 on the application of the principle of mutual recognition to financial penalties. Read more
EU Financial Penalties
Spotlight CJEU: PNR Directive Valid if Limited to the “Strictly Necessary” 
4 August 2022 (updated 1 year, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
In a landmark ruling of 21 June 2022, the CJEU (Grand Chamber), upheld the EU’s regime to collect and use records of travellers, provided that it is strictly interpreted in line with the EU’s fundamental rights. In addition, indiscriminate processing of the data in cases of flights carried out only within the EU is banned unless there is a threat of terrorism. In general, the passengers’ data must also be deleted after six months at the latest. Read more
EU Fundamental Rights Law Enforcement Cooperation Data Protection
CJEU Clarifies Exceptions to Data Retention in Irish Case 
3 August 2022 (updated 3 years, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
On 5 April 2022, the CJEU added another chapter to the long history of the admissibility of data retention in the EU. In a case concerning the data retention law in Ireland, the CJEU confirmed that general and indiscriminate retention of traffic and location data relating to electronic communication is contrary to Union law even if it intends to combat serious crime. Read more
EU Data Protection
First EPPO Case before CJEU 
3 August 2022 (updated 3 years, 7 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
The first case concerning the interpretation of Regulation 2017/1939 on the establishment of the EPPO is at the CJEU. In a reference for preliminary ruling by an Austria court guidance by the CJEU is sought as to which extent judicial review can be carried out in the assisting Member State if it comes to cross-border investigations within the EPPO regime. Read more
EU European Public Prosecutor's Office (EPPO) European Investigation Order Judicial Cooperation