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Advocate General: CJEU Should Give Up Petruhhin Decision 
28 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
AG Gerard Hogan recommends that his colleagues on the Luxembourg judges’ bench no longer follow the judgement in Petruhhin (C-182/15 à eucrim 3/2016, 131). The AG explains the legal and practical difficulties in the application of the maxim in the Petruhhin judgment (Opinion in Case C-398/19 (BY - extradition to Ukraine)). Read more
EU Judicial Cooperation
Debate on Broadening Prüm Data Exchange Network 
28 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
Euractiv and Statewatch reported that MEPs discussed plans to reform police cooperation tools, based on the Prüm legal framework, with independent experts at a meeting on 22 September 2020. A next-generation Prüm (dubbed “Prüm.ng”) is currently being discussed in Council working groups. The aim is … Read more
EU Police Cooperation
Home Affairs Ministers Discuss European Police Partnership 
28 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
At their video conference on 8 October 2020, the Home Affairs Ministers of the EU Member States continued discussions on a new European Police Partnership. They agreed that the existing security architecture should be improved in the following three areas:Applying new technologies, such as … Read more
EU Police Cooperation
Commission: Single Window for Modernisation of EU Customs Union 
28 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 28 October 2020, the Commission launched an important initiative to strengthen cooperation and information exchange in the clearance of goods at the EU borders. The EU Single Window Environment will create a single portal to allow businesses to provide information related to their … Read more
EU Customs Cooperation
New Customs Union Action Plan 
28 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 28 September 2020, the European Commission presented a new Customs Union Action Plan, setting out a series of measures to make EU customs smarter, more innovative, and more efficient. The Action Plan follows the announcement by Commission President Ursula von der Leyen in … Read more
EU Customs Cooperation
AG: Union Ne bis in idem Rules Shelter Union Citizens from Extraditions to Third Countries 
13 December 2020 (updated 5 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2020
Advocate General Bobek concludes that the fundamental principle of ne bis in idem, in conjunction with the right to free movement, precludes Member States from implementing a red notice issued by Interpol at the request of a third country and from restricting the freedom of movement of a citizen of the Union. Read more
EU Judicial Cooperation Ne bis in idem
Ways Out of Schrems II Judgment 
12 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
Business representatives and the EU and U.S. administrations have begun to think about the consequences of the CJEU’s judgment in Schrems II of July 2020 (--> eucrim 2/2020, pp. 98-99). In a joint press release of 10 August 2020, the European Commission and the … Read more
EU Court of Justice of the European Union (CJEU) Data Protection
NGOs Call on the Commission to Give Up Data Retention Plans 
12 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
On the eve of the CJEU’s judgment on the data retention rules in France, Belgium and the UK of 6 October 2020 (separate news item), more than 40 civil society organisations from 16 countries sent a joint letter to the Commission calling for … Read more
EU Data Protection
Spotlight CJEU: Data Retention Allowed in Exceptional Cases 
12 December 2020 (updated 5 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2020
On 6 October 2020, the Grand Chamber of the CJEU delivered its judgments on data retention concerning the British, French, and Belgian rules (Case C-623/17 (Privacy International), and Joined Cases C-511/18 (La Quadrature du Net and Others), C-512/18 (French … Read more
EU Court of Justice of the European Union (CJEU) Data Protection
Evaluation Report on Environmental Crime Directive 
8 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 28 October 2020, the Commission provided a comprehensive evaluation of Directive 2008/99/EC on the protection of the environment through criminal law. The Directive is the EU’s main instrument seeking effective protection of the environment and full application of the existing environmental EU legislation through … Read more
EU Environmental Crime
Commission Identifies Weaknesses in Transposition of Directive on Combating Terrorism 
8 December 2020 (updated 4 years, 9 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2020
On 30 September 2020, the Commission published a report assessing the measures taken by the Member States to comply with EU anti-terrorism legislation (Directive 2017/541 --> eucrim 2/2017, 69). The Member States had to implement the rules of the Directive by 8 September 2018. … Read more
EU Terrorism
Restrictive Measures for Cyber Attacks against the German Bundestag 
8 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 22 October 2020, the Council imposed restrictive measures against two persons and one body responsible for or involved in the cyberattacks on the German Federal Parliament (Deutscher Bundestag) in April and May 2015. The persons/body concerned belonged to the Russian military intelligence. The attack … Read more
EU Cybercrime
Annual Report on Cyber Threat Landscape 
8 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 20 October 2020, the European Union Agency for Cybersecurity (ENISA) published the annual report on cyber threats – the “ENISA Threat Landscape 2020” (ETL 2020). The report identified and evaluated the top cyber threats in the EU between January 2019 and April 2020. It … Read more
EU Cybercrime
Council Conclusions on IP Policy 
8 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
In its conclusions on intellectual property policy of 10 November 2020, the Council sets up a number of guidelines on better intellectual property enforcement. The Council is concerned that there is still a high number of counterfeit goods being offered on online marketplaces – … Read more
EU Counterfeiting & Piracy
No Implementation of 5th AMLD: Commission Acts against Cyprus 
8 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
In October 2020, the Commission sent a reasoned opinion to Cyprus for not having notified any measures for the transposition of the 5th Anti-Money-Laundering Directive (AMLD). The 5th AMLD was adopted in 2018 and further develops the obligations as laid down in the 4th AMLD … Read more
EU Money Laundering
EDPS Takes Position on Commission AML/CFT Action Plan of May 2020 
8 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
In Opinion 5/2020, the European Data Protection Supervisor (EDPS) assesses the data protection implications of several measures proposed in the Commission’s action plan for a comprehensive Union policy on preventing money laundering and terrorism financing (eucrim 2/2020, 87-89). The EDPS welcomes several … Read more
EU Money Laundering