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Commission: Counter-Terrorism Agenda 
12 February 2021
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 9 December 2020, the European Commission published a Communication on the Counter-Terrorism Agenda of the EU. It sets out a four-pillar strategy to anticipate, prevent, protect, and respond to terrorist threats.(1) Anticipation of terrorist threatsThe strategy underlines the importance of the … Read more
EU Commission Terrorism
Council Conclusions on Enhancing Law Enforcement Cooperation 
9 February 2021
Thomas Wahl Thomas Wahl
Alongside conclusions on internal security ( → separate news item under “Security Union”), the Council adopted conclusions on 14 December 2020 pointing the ways towards enhancing cross-border law enforcement/police cooperation. Read more
EU Security Union Law Enforcement Cooperation
CJEU: German Public Prosecutor’s Office Considered “Issuing Judicial Authority” in the EIO Context 
9 February 2021
Thomas Wahl Thomas Wahl
The CJEU ruled that the German public prosecutor's offices may issue European Investigation Orders (EIOs) despite being contingent upon individual instructions from the executive. In the context of the EIO Directive the situation is different as to the Framework Decision on the European Arrest Warrant, the CJEU argued. Read more
EU European Investigation Order
Spotlight FCC: EU Charter is Review Standard for Poor Prison Conditions 
9 February 2021 (updated 2 years, 9 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2020
Backing two constitutional complaints, the German Federal Constitutional Court reproached two courts for not having adequately applied the CJEU's test in Arranyosi & Căldăraru regarding insufficient detention conditions in Romania. The decision is remarkable because the FCC accepts for the first time in relation to European criminal law that the fundamental rights of the German constitution are not the yardstick for examination but instead the fundamental rights of the CFR. Read more
EU Fundamental Rights European Arrest Warrant
CJEU: “Executing Judicial Authority” Follows Same Criteria as “Issuing Judicial Authority” 
8 February 2021 (updated 4 years, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2020
According to the CJEU, Dutch public prosecutors are not an “executing judicial authority,” as they may be subject to individual instructions from the Dutch Minister of Justice. Therefore, the Dutch public prosecutor was not entitled to consent to an exception to the speciality rule (Art. 27 FD EAW). Herewith, the CJEU clarifies its case law on the requirements of independence, so that prosecution services can be ragarded "judicial authority" within the FD EAW. Read more
EU European Arrest Warrant
CJEU: Execution of an EAW in the Case of Judgments in Absentia 
8 February 2021
Thomas Wahl Thomas Wahl
On 17 December 2020, the CJEU decided that a court executing an EAW is not entitled to refuse surrender if the issuing state does not fulfil the requirements of Directive 343/2016 on the defendant’s right to be present at trial. The sole yardstick is Art. 4a FD EAW. Read more
EU European Arrest Warrant Procedural Safeguards
CJEU: General Deficiencies of Judicial Independence Do Not Justify EAW Refusal Alone 
8 February 2021 (updated 4 years, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2020
EU Member States may not impose a general ban on surrender, despite growing doubts about the independence of the Polish judiciary. The CJEU ruled on 17 December 2020 that the execution of a European Arrest Warrant (EAW) may still only be refused if the person concerned runs a real risk of being subjected to an unfair trial. Read more
EU Fundamental Rights European Arrest Warrant
Council Conclusions on Current Challenges and Way Forward for European Arrest Warrant 
8 February 2021 (updated 4 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2020
On 1 December 2020, the Council agreed on conclusions how to meet the current challenges and move forward regarding the European Arrest Warrant and extradition procedures. They set out how the effectiveness of the main instrument of judicial cooperation within the EU on the basis of the principle of mutual recognition could be improved. The conclusions deal with five main topics Read more
EU European Arrest Warrant
CJEU Maintains Petruhhin Doctrine: Extradition of EU Citizens to Third States Only in Agreement with Member State of Nationality 
8 February 2021 (updated 5 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2020
In its judgment of 17 December 2020, the CJEU confirmed the case law established in the 2016 Petruhhin judgment. Extradition of EU citizens to third countries can only be established in agreement with the EU Member State of nationality. The CJEU seized, however, the obligations for the requested Member State and the Member State of nationality within the consultation procedure. Read more
EU European Arrest Warrant Judicial Cooperation
Follow-up to Petruhhin Doctrine: Eurojust and EJN Map Problems 
8 February 2021 (updated 4 years, 3 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. / Thomas Wahl Thomas Wahl in Issue 4/2020
At the beginning of December 2020, Eurojust and the EJN published a joint report on the extradition of EU citizens to third countries. The report identifies the main issues arising in practice with the consultation procedure that has been established by the CJEU in its 2016 Petruhhin judgement in cases where an EU Member State is faced with an extradition request from a third country concerning a citizen of another EU Member State. Read more
EU European Arrest Warrant Judicial Cooperation
EDPB: Update of European Essential Guarantees for Surveillance Measures 
20 January 2021 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 10 November 2020, the European Data Protection Board (EDPB) adopted Recommendation 02/2020 on the European Essential Guarantees (EEG) for surveillance measures. The Recommendation updates a previous document on the justification of interferences with the fundamental rights to privacy and data protection through surveillance … Read more
EU Data Protection
EDPB Recommendations on Folllow-Up to Schrems II Judgment 
20 January 2021 (updated 5 years, 6 months ago)
Thomas Wahl Thomas Wahl
On 10 November 2020, the European Data Protection Board (EDPB) adopted recommendation 01/2020 that is designed to help controllers and processers exporting data in EU private entities or public authorities to third countries act in compliance with the CJEU’s Schrems II judgment (--> eucrim 2/2020, … Read more
EU Data Protection
Council Conclusions on Cybersecurity of Connected Devices 
20 January 2021
Thomas Wahl Thomas Wahl
On 2 December 2020, the Council approved conclusions on the cybersecurity of connected devices. The Council highlights that connected devices, including machines, sensors and networks that make up the Internet of Things (IoT) will not only play a key role in further shaping Europe’s … Read more
EU Data Protection
Council Conclusions on Encryption 
20 January 2021
Thomas Wahl Thomas Wahl
On 14 December 2020, the Council agreed on a common position on the way forward regarding the encryption of communications and access for law enforcement purposes. The Council resolution on encryption highlights the need for security through encryption and security despite encryption. It underlines the … Read more
EU Data Protection
Commission Presents Cybersecurity Package 
20 January 2021 (updated 4 years, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2020
On 16 December 2020, the Commission published a cybersecurity package consisting of:A new EU cybersecurity strategy;A proposal for a revision of the Directive on ensuring a high level of security of network and information systems (so-called NIS Directive);A proposal for a … Read more
EU Cybercrime
Council and EP Reach Political Agreement on Binding Rules to Fight Terrorist Content Online 
20 January 2021
Thomas Wahl Thomas Wahl
On 10 December 2020, the German Council Presidency and the negotiators of the European Parliament reached a political agreement on an EU Regulation on preventing the dissemination of terrorist content onlinember 2020, the German Council Presidency and the negotiators of the European Parliament reached a political agreement on an EU Regulation on preventing the dissemination of terrorist content online. Read more
EU Racism and Xenophobia