News
News found: 2317 of 2317
Council Endorses Start of Negotiations on EU-Japan PNR Deal
On 18 February 2020, the Council gave green light to the Commission to start negotiations with Japan on an agreement on the transfer and use of passenger name record (PNR) data. The Council endorsed the respective negotiating directives recommended by the Commission in September 2019 … Read more
Thomas Wahl
EU
Judicial Cooperation
Data Protection
AG: Conditions of Access to Retained Telecommunications Data for Law Enforcement
Advocate General Giovanni Pitruzzella presented his opinion on the Estonian data retention law, advising on how Member States may arrange the contentious retention of personal data for law enforcement purposes while keeping in line with Union law (opinion of 21 January 2020, Case C-746/18 … Read more
EU
Data Protection
Spotlight AG: Data Retention Should Be Strictly Limited
Advocate General (AG) Manuel Campos Sánchez-Bordona advocates that the CJEU’s rather restrictive case law on the retention of personal data and access to these data by law enforcement or intelligence authorities should be upheld. Following the judgment in the Joined Cases C-203/15, Tele2 Sverige, and … Read more
EU
Data Protection
Procedural Safeguards
German Bar Association Calls for Further Strengthening of Procedural Safeguards in EU
The German Bar Association (Deutscher Anwalt Verein − DAV) called on the establishment of additional minimum guarantees for procedural rights within the EU. In its statement No 5/20 of January 2020, the association assesses the state of play of procedural safeguards in the EU … Read more
EU
Procedural Safeguards
CJEU: Accused Person Can Waive Right to be Present at Trial
The CJEU ruled on the conditions under which the non-appearance of accused persons at certain trial hearings for reasons either within or beyond their control is compatible with Union law. The concrete case deals with the provisions of the Bulgarian Criminal Code of Procedure on … Read more
EU
Procedural Safeguards
CJEU: Prosecutor Can Balance Defence Rights Against Effective Fraud Prosecution (Kolev II)
In Case C-612/15 (criminal proceedings against Nikoley Kolev, Stefan Kostadinov, judgment of 5 June 2018, see eucrim 2/2018, pp. 99/101), the CJEU ruled that Union law, i.e., the obligation to protect the EU’s financial interests in accordance with Art. 325(1) TFEU, precludes national … Read more
EU
Procedural Safeguards
Terrorist Content Online Regulation – Controversies in Trilogue
On 21 January 2020, the LIBE Committee discussed the Commission proposal for a regulation on preventing the dissemination of terrorist content online (for the proposal, see eucrim 2/2018, 97-98 and the article by G. Robinson, eucrim 4/2018, p. 234). Rapporteur Patryk Jaki (ECR, … Read more
EU
Racism and Xenophobia
Terrorism
Eurobarometer: Europeans Attitudes towards Cyber Security
Alongside the presentation of the EU toolbox on joint security measures for 5G networks in January 2020, a special Eurobarometer survey was published that aimed at identifying EU citizens’ awareness, experience, and perception of cyber security. The fieldwork was carried out in October 2019. The … Read more
EU
Cybercrime
EU’s 5G Cybersecurity Toolbox
On 29 January 2020, the Commission tabled an EU toolbox of mitigating measures with the consensus of EU Member States in order to address security risks related to the rollout of 5G, the fifth generation of mobile networks. Ensuring protection of 5G from cybersecurity threats … Read more
EU
Cybercrime
Evaluation of the Tobacco Taxation Directive
On 10 February 2020, the European Commission published the results of its evaluation of Directive 2011/64/EU, which provides for the structure and rates of excise duties on manufactured tobacco (i.e., cigarettes, cigars and cigarillos, fine-cut tobacco for rolling cigarettes, and other smoking tobacco). The … Read more
EU
Tax Evasion
Tax Policies in the European Union − 2020 Survey
On 31 January 2020, the European Commission (DG TAXUD) published the fourth edition of its survey on “tax policies in the EU.” The survey examines how Member States’ tax systems perform in respect of the following benchmarks:Stimulating investment and addressing positive and negative externalities; … Read more
EU
Tax Evasion
Council Revises List of Non-Cooperative Tax Jurisdictions
On 18 February 2020, the Economic and Financial Affairs Council revised the EU list of non-cooperative jurisdictions for tax purposes. By blacklisting certain countries, the EU aims to promote good tax governance at the global level. The list includes jurisdictions that either have not engaged … Read more
EU
Tax Evasion
Commission Announces New Initiatives to Tackle Tax Evasion
The European Commission announced that it will adopt a new action plan to fight tax evasion in the second quarter of 2020. The Commission opened a public consultation for this purpose. The Action Plan will not only include key initiatives to tackle tax evasion and … Read more
EU
Tax Evasion
Kiel Study: EU’s Trade Self-Surplus Goes Back to VAT Fraud
In a working paper published in January 2020, the Kiel Institute for the World Economy (IfW) and the ifo Institute in Munich, Germany elucidate that the main reason for the EU’s large trade surplus with itself is apparently large-scale VAT fraud. By applying forensic accounting … Read more
EU
Tax Evasion
New Legislation to Fight VAT Fraud in Cross-Border E-Commerce
In February 2020, the Council adopted new legislative measures to combat cross-border VAT fraud caused by the fraudulent behaviour of some businesses in the area of cross-border e-commerce. The reform will introduce obligations for payment service providers, e.g., banks, to keep sufficiently detailed records and … Read more
EU
Tax Evasion
Infringement Procedures for Non-Transposition of 5th AML Directive
On 12 February 2020, the Commission started infringement proceedings against eight Member States for not having transposed the 5th Anti-Money Laundering Directive (Directive (EU) 2018/843; see also eucrim 2/2018, pp. 93-94). The Commission sent letters of formal notice to Cyprus, Hungary, the … Read more
EU
Money Laundering