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CJEU Rules on Compliance of FD EAW with Charter of Fundamental Rights 
25 March 2021 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl
In its judgment of 28 January 2021 in Case C-649/19 (“criminal proceedings against IR”), the CJEU took a stance on the extent of a person’s rights of information if he/she is subject to a European Arrest Warrant (EAW). In addition, the CJEU … Read more
EU European Arrest Warrant Procedural Safeguards
Spotlight EP Adopted Own Report on EAW Implementation 
25 March 2021 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl
On 20 January 2021, the European Parliament adopted its own initiative report on the implementation of the European Arrest Warrant. While MEPs consider that the EAW is “generally a success” and has “positive effects on the maintenance of the AFSJ,” they believe that the time is ripe to improve and update the instrument, particularly since digital transformations have changed the ecosystem of crime. Read more
EU European Arrest Warrant Judicial Cooperation
CJEU: Bulgarian Confiscation Rules Excluding Rights for Third Parties Acting in Good Faith Are Contrary to EU Law 
25 March 2021 (updated 2 years, 9 months ago)
Thomas Wahl Thomas Wahl
In its judgment of 14 January 2021, the CJEU clarified EU Member States’ obligations with regard to Framework Decision 2005/212/JHA on confiscation of crime-related proceeds, instrumentalities, and property. The case (C-393/19, “OM”) dealt with the rights of third parties acting … Read more
EU Freezing of Assets / Confiscation
Spain Must Pay for Non-Transposition of EU Data Protection Directive 
20 March 2021 (updated 5 years, 6 months ago)
Thomas Wahl Thomas Wahl
On 25 February 2021, the CJEU ordered Spain to pay a lump sum of € 15 million and a daily penalty payment of €89,000 for its ongoing failure to transpose Directive 2016/680 regarding the protection of personal data by law enforcement authorities (for the Directive … Read more
EU Fundamental Rights Data Protection
Commission Admits Initiative against Biometric Mass Surveillance 
20 March 2021
Thomas Wahl Thomas Wahl
On 7 January 2021, the Commission decided to register a European Citizens’ Initiative entitled: “Civil society initiative for a ban on biometric mass surveillance practices.” The organisers call on the European Commission to strictly regulate the use of biometric technologies in order to … Read more
EU Commission Data Protection
Council Agrees on Negotiating Mandate for E-Privacy Regulation – Data Retention Included 
20 March 2021
Thomas Wahl Thomas Wahl
On 10 February 2021, the Council agreed on a negotiating mandate for the planned Regulation “concerning the respect for private life and the protection of personal data in electronic communications” (e-Privacy Regulation). Although the Commission presented its proposal (COM(2017) 10 final) in January … Read more
EU Council Data Protection
Portuguese Council Presidency Pushes Forward EU Data Retention Law 
20 March 2021 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl
Following the CJEU’s landmark judgment from 6 October 2020 in La Quadrature du Net and Others (→ eucrim 2/2020, 3/2020, 184-186), the Portuguese Council Presidency wishes to make progress in drafting new EU legislation to harmonise the public authorities’ access to traffic and location … Read more
EU Legislation Council Data Protection
Spotlight CJEU Confirms Strict Limitations of Data Retention 
20 March 2021 (updated 1 year, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2021
In its judgment of 2 March 2021 on the Estonian rules on data retention, the CJEU confirmed red lines for access to traffic and location data for law enforcement purposes. In addition, the case questioned which competent authority can grant access to such data. Read more
EU Data Protection
Spotlight CJEU Delivers Landmark Judgment on Right to Silence in Administrative (Punitive) Proceedings 
20 March 2021 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl
On 2 February 2021, the CJEU, sitting in for the Grand Chamber, rendered an important judgment on the right to remain silent in administrative proceedings if the person’s answers might also establish his/her punitive liability. The case is referred to as C-481/19 (DB v … Read more
EU Procedural Safeguards
Commission: Hate Crime Should Become an EU Crime 
20 March 2021 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl
On 23 February 2021, the Commission published a roadmap for a proposal to include hate speech and hate crime into the list of EU crimes for which harmonisation of substantive criminal law would be possible in accordance with Art. 83(1) TFEU. The Commission plans to … Read more
Racism and Xenophobia
Germany: Plans for Punishing Criminal Trading Platforms on the Internet 
20 March 2021
Thomas Wahl Thomas Wahl
On 10 February, the German Federal Government passed a draft law on the criminal liability of operating criminal trading platforms on the internet and providing corresponding server infrastructures. To this end a new provisions is to be included into the German Criminal Code: Anyone who … Read more
EU Reform of the European Court of Human Rights Cybercrime
Dismantled Encryption Networks: German Courts Confirmed Use of Evidence from EncroChat Surveillance 
20 March 2021 (updated 4 years, 4 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2021
Two German courts confirmed warrants for pre-trial detention against persons whose criminal activities had been revealed as a follow-up of the infiltration of the encrypted communication network EncroChat. On 10 March 2021, Eurojust and Europol reported another successful strike against an encrypted communication network that was predominantly used by organised crime groups. Read more
EU Organised Crime Law Enforcement Cooperation Data Protection
Number of Counterfeit Euro Banknotes at Record Low in 2020 
20 March 2021
Thomas Wahl Thomas Wahl
On 22 January 2021, the European Central Bank (ECB) reported that in 2020, around 460,000 counterfeit euro banknotes had been withdrawn from circulation - fewer than ever before. Compared to the total number of banknotes in circulation of over 25 billion, the number of counterfeits … Read more
EU Counterfeiting & Piracy
EP Calls for Improvements in Taxation of Online Traders 
20 March 2021
Thomas Wahl Thomas Wahl
On 10 March 2021, the European Parliament (EP) adopted, by a large majority, amendments to the Commission’s draft to amend Directive 201116/EU on administrative cooperation in the field of taxation (DAC7). MEPs call for improvements to the tracking and taxation of online sales. According to … Read more
EU Tax Evasion
ECA: EU Exchange of Tax Data System Yet Insufficient to Prevent Tax Evasion 
20 March 2021
Thomas Wahl Thomas Wahl
On 26 January 2021, the European Court of Auditors (ECA) published its Special Report 03/2021 on the exchange of tax information in the EU. The underlying tool is the Directive on administrative cooperation in the field of taxation (Directive 2011/16/EU), which has been amended … Read more
EU Tax Evasion
EP Call on Reform of EU Blacklist on Tax Havens 
20 March 2021 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl
By an overwhelming majority of 587 votes in favour (50 against and 46 abstentions), MEPs adopted a resolution on reforming the EU list of tax havens. The resolution backs a motion of December 2020 prepared by the Economic and Monetary Affairs Committee (→ https://eucrim.eu/news/meps-call-reform-eu-list-tax-havens/). … Read more
EU Tax Evasion