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EDPS Launched Two Investigations Following the “Schrems II” Judgement 
25 June 2021 (updated 4 years, 1 month ago)
Dr. Anna Pingen Dr. Anna Pingen
On 27 May 2021, the European Data Protection Supervisor (EDPS) launched two investigations following the Court of Justice ruling in Case C-311/18 Data Protection Commissioner v Facebook Ireland Ltd and Maximilian Schrems (“Schrems II”) of 16 July 2020 (→ eucrim 2/2020, 98-99). The two … Read more
EU Data Protection
Commission Strategy for a Stronger and More Resilient Schengen Area 
25 June 2021 (updated 4 years, 8 months ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 2/2021
On 2 June 2021, the Commission presented its new strategy for a fully functioning and resilient Schengen area. With this strategy, the Commission is aiming to make the Schengen area – the largest visa-free zone in the world – stronger and more resilient, accentuating … Read more
EU Schengen
Poland: Rule-of-Law Developments April – June 2021 
24 June 2021 (updated 4 years, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2021
This news item continues the updates in previous eucrim issues on the rule-of-law situation in Poland as far as it relates to European law (→ inter alia, eucrim 1/2021, 4 and eucrim 4/2020, 257). Read more
EU Fundamental Rights Rule of Law
EUIPO: Consumers Face Risks of Fake Products More than Ever 
23 June 2021
Thomas Wahl Thomas Wahl
The problem of product piracy has worsened during the corona pandemic, in particular due to the accompanying increase in online trade. Counterfeiters have mainly exploited people’s uncertainty in the face of emerging treatments and vaccines, according to the EU Intellectual Property Office (EUIPO) Read more
EU Counterfeiting & Piracy
Spotlight 1 June 2021: EPPO Assumes its Investigatory and Prosecutorial Tasks 
22 June 2021 (updated 4 years, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2021
On 1 June 2021, the EPPO assumed its investigative and prosecutorial tasks. The relevant Commission decision was published in the EU's Official Journal on 28 May 2021. In a joint statement Commissioners Jourová, Hahn and Reynders said that "this day [1 June 2021] opens a new chapter in fighting cross-border crime.” Read more
EU European Public Prosecutor's Office (EPPO)
OLAF Helps Greek Authorities Seize Nearly 10 Million Contraband Cigarettes 
17 June 2021
Thomas Wahl Thomas Wahl
At the end of May 2021, Greek authorities succeeded in seizing almost 10 million contraband cigarettes. The cigarettes were smuggled from China in suitcases. The action prevented the loss of around €2 million in excise duties and VAT. OLAF supported the operation by alerting the … Read more
EU OLAF Tax Evasion
OLAF Involved in Operation against Eel Trafficking 
17 June 2021 (updated 4 years, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2021
OLAF participated in Operation Lake. This annual operation, which started five years ago, targets the smuggling of the protected European eel. The operation led to 52 arrests and the seizure of over 400 kg of eels valued at around €1.2 million. The authorities also detected new modi operandi used by criminal networks for the eel trafficking. Read more
EU OLAF Environmental Crime
Cooperation between OLAF and WCO on New Footing 
16 June 2021 (updated 5 years, 2 months ago)
Thomas Wahl Thomas Wahl
On 7 June 2021, OLAF Director-General Ville Itälä and the Secretary General of the World Customs Organization (WCO), Kunio Mikuriya, signed a new agreement enhancing cooperation between the two bodies. The new “Administrative Cooperation Arrangement” widens the scope and operational possibilities of a … Read more
EU OLAF Customs Cooperation
OLAF Activity Report 2020 
16 June 2021 (updated 4 years, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2021
On 10 June 2021, OLAF published its activity report for 2020. The report highlights that OLAF’s work was much marked by the COVID-19 pandemic, when OLAF had to act against fake and substandard medical products which risked floating the EU market especially at the … Read more
EU OLAF
Organisations Reiterate their Demand for a Fundamental Rights-Based Approach to Future E-Evidence Law 
16 June 2021 (updated 4 years, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2021
Civil society stakeholders reiterated their demand that the forthcoming EU legislation on “e-evidence”, which will ease the cross-border gathering and transfer of data for use in criminal proceedings, must include strong fundamental rights safeguards Read more
EU Fundamental Rights e-Evidence Law Enforcement Cooperation
AG: Prosecutor Has Limited Competence to Issue EIOs 
15 June 2021
Thomas Wahl Thomas Wahl
AG Manuel Campos Sánchez-Bordona concluded that a public prosecutor is not entitled to issue a European Investigation Order (EIO) if the underlying investigative measure (here: collection of traffic and location data associated with telecommunications) can only be ordered by a court in purely domestic cases. Read more
EU European Investigation Order
Mutual Legal Assistance Agreement between EU and Japan to Be Revised 
15 June 2021
Thomas Wahl Thomas Wahl
On 1 June 2021, the Commission submitted a recommendation to the Council in which it seeks authorisation to open negotiations with Japan in order to amend the EU-Japan Agreement on mutual legal assistance in criminal matters. The Agreement entered into force on 2 January 2011. … Read more
EU Judicial Cooperation Data Protection
Spotlight CJEU Judgment on Compatibility of Interpol Searches and Arrests with Ne bis in idem Principle 
15 June 2021 (updated 4 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2021
States that are party to the Schengen Agreement can refuse to follow an Interpol red notice seeking extradition of an individual to a third country if he/she has already been finally tried in one of the Schengen States. The CJEU delivered this groundbreaking judgment on 12 May 2021 in Case C-505/19. Read more
EU Judicial Cooperation Police Cooperation Data Protection Ne bis in idem
Eurojust’s Report on Impact of COVID-19 on Judicial Cooperation in Criminal Matters 
5 June 2021
Dr. Anna Pingen Dr. Anna Pingen
On 17 May 2021, Eurojust published its report on the Impact of COVID-19 on Judicial Cooperation in Criminal Matters. With this report, Eurojust intended to identify specific difficulties in the application of the most widely used instruments of judicial cooperation resulting from the Covid-19 … Read more
EU Corona Eurojust Judicial Cooperation
Commission Seeks to Improve EU Law-Making Process 
5 June 2021
Dr. Anna Pingen Dr. Anna Pingen
On 19 April 2021, the Commission adopted a Communication on Better Regulation, aiming to improve the EU’s law-making process by simplifying the EU legislation and reducing its burden. The Commission will therefore: The Commission stressed that an improvement of the EU law-making process can … Read more
EU Legislation Commission
Parliament Criticises Informal Agreements on Border Control, Fight against THB, and Return/Readmission of Irregular Migrants 
5 June 2021
Dr. Anna Pingen Dr. Anna Pingen
On 19 May 2021, the European Parliament adopted a report making recommendations on human rights protection within the framework of the EU’s external asylum and migration policy. The Parliament criticised the practice of the EU and several Member States that have been entering into an … Read more
EU Fundamental Rights