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New Streaming Service at CJEU Website 
21 June 2022
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
The CJEU recently began offering a streaming service from its website that broadcasts hearings and the handing down of judgments and opinions of the Court of Justice. Since 26 April 2022, citizens can follow live broadcasts of cases assigned to the Grand Chamber - from … Read more
EU Court of Justice of the European Union (CJEU)
General Court - New Judge and Reappointments 
21 June 2022
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 27 April 2022, nine judges of the General Court were (re)appointed by the representatives of the governments of the EU Member States. The following reappointments for another term of office were made for the period from 1 September 2022 to 31 August 2028: Mr … Read more
EU Court of Justice of the European Union (CJEU)
CJEU Clarifies Conditions for Trials and Convictions in absentia 
20 June 2022 (updated 1 year, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
In a judgment of 19 May 2022, the CJEU clarified when an accused can be tried in his/her absence and a decision in absentia taken against him can be enforced.The case (C-569/20) concerns a situation before the Specialised Criminal Court in … Read more
EU Procedural Safeguards
MEPs Warn against Mass Surveillance through AI 
20 June 2022
Dr. Anna Pingen Dr. Anna Pingen
In a resolution of 3 May 2022, the European Parliament proposed an EU Roadmap for AI to 2030. MEPs acknowledged the huge benefits of using AI to address climate change, pandemics and the labour market, but warned about risks to fundamental rights. Read more
EU Artificial Intelligence (AI) Legislation Data Protection
Justice and Home Affairs Ministers Discuss Responses to the Situation in Ukraine 
15 June 2022
Thomas Wahl Thomas Wahl
At the Justice and Home Affairs Council meeting on 9/10 June 2022, Ministers discussed several issues on how the EU needs to react to the Russian war of aggression against Ukraine.A discussion paper by the French Council Presidency summarised the judicial responses to … Read more
EU Ukraine conflict Council
CJEU Ruled on Duplication of Criminal and Administrative Penalties in French System 
15 June 2022
Thomas Wahl Thomas Wahl
On 5 May 2022, the CJEU ruled on the limits of the ne bis in idem principle enshrined in Art. 50 CFR under the French legal system. Accordingly, EU law does not preclude a duplication of criminal penalties and administrative sanctions with a criminal nature if it is determined by national provisions and foreseeable settled case-law of the supreme court. Read more
EU Fundamental Rights Protection of Financial Interests Ne bis in idem
CJEU: Consumer Protection Associations Can Bring Representative Actions under GDPR 
14 June 2022
Dr. Anna Pingen Dr. Anna Pingen
On 28 April 2022, the CJEU ruled that the GDPR does not preclude a consumer protection association from being able to bring legal proceedings, in the absence of a mandate granted to it for that purpose and independently of the infringement of the specific rights of the data subjects, against the person allegedly responsible for an infringement of the laws protecting personal data. Read more
EU Data Protection
European Data Protectors Call for Additional Safeguards in Data Act 
13 June 2022
Dr. Anna Pingen Dr. Anna Pingen
In a Joint Opinion, the EDPS and EDPB call on the co-legislators to include more safeguards in the planned Data Act to avoid lowering the protection of the fundamental rights to privacy and to the protection of personal data in practice. Read more
EU Legislation Data Protection
Survey on the Experience of SMEs with Cybercrime 
13 June 2022
Dr. Anna Pingen Dr. Anna Pingen
On 12 May 2022, a Eurobarometer survey about the impact of cybercrime on small and medium sized enterprises (SMEs) was published. Between 26 November and 17 December 2021, nearly 13,000 interviews with SME representatives in all 27 EU countries were conducted by Ipsos European Public … Read more
EU Cybercrime
Rules on Removing Terrorist Content Online Now Applicable 
7 June 2022 (updated 2 years, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
On 7 June 2022, Regulation (EU) 2021/784 on addressing the dissemination of terrorist content online became applicable. From now on internet companies in the EU must take swift measures to prevent the misuse of their services for dissemination of terrorist content. Read more
EU Racism and Xenophobia
EDPS Annual Report 2021 
3 June 2022 (updated 4 years, 2 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 20 April 2022, the EDPS published the Annual Report for the year 2021. In addition to a summary of the highlights of the work in 2021, the report offers chapters on the EDPS’ supervision and enforcement measures, especially in the area of freedom, security … Read more
EU European Data Protection Supervisor (EDPS) Data Protection
Common Anti-Trafficking Plan for Victims of Ukraine War 
25 May 2022
Dr. Anna Pingen Dr. Anna Pingen
On 11 May 2022, the EU Solidarity Platform presented its Common Anti-Trafficking Plan. As a result, the Solidarity Platform aims to address the risks of trafficking in human beings and support potential victims. The Plan has been developed by Diane Schmitt (EU Anti-Trafficking Coordinator) together with EU and national authorities. Read more
EU Ukraine conflict Trafficking in Human Beings Victim Protection
Spotlight Germany: Federal Court of Justice Confirms Use of Evidence in EncroChat Cases 
19 May 2022 (updated 3 years, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2022
On 2 March 2022, the Federal Court of Justice (Bundesgerichtshof) handed down the first supreme court decision in the EncroChat cases in Germany. The Court confirmed the use of evidence which was acquired by German law enforcement authorities from French counterparts. By secret interception measures, French authorities succeeded in 2020 in dismantling a supplier that offered encrypted mobile devices that were allegedly used by criminals. Read more
EU Organised Crime European Investigation Order Law Enforcement Cooperation Data Protection
CJEU Interprets Time Limits for Surrender in FD EAW 
18 May 2022
Thomas Wahl Thomas Wahl
In the case C-804/21 PPU (C and CD), the CJEU had the opportunity to decide on the consequences of the time limits set out in Art. 23 of the Framework Decision 2002/584 on the European arrest warrant (FD EAW). Pursuant to Art. 23 … Read more
EU European Arrest Warrant
ECA: EU’s IPR Protection Not Fully Waterproof 
17 May 2022
Thomas Wahl Thomas Wahl
The EU’s legal framework for the protection of intellectual property rights is generally solid and robust, but a number of shortcomings in several areas still exist, says a special report that was presented by the European Court of Auditors at the end of April 2022. Read more
EU Counterfeiting & Piracy
New Reports on European Illicit Markets for Cocaine and Methamphetamine 
13 May 2022
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 6 May 2022, Europol together with the European Monitoring Centre for Drugs and Drug Addictionpublished two new online modules of reports taking a detailed look at the illicit EU markets for cocaine and for methamphetamine. The reports provide broad analyses of these markets following the supply chain from production and trafficking to distribution and use. Read more
EU Europol Organised Crime