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Eurojust Note on New Freezing and Confiscation Regulation 
12 February 2021
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 8 December 2002, Eurojust published a Note on Regulation (EU) 2018/1805 on the mutual recognition of freezing orders and confiscation orders. It applies since 19 December 2020 and replaces Framework Decisions 2003/577/JHA on freezing property and evidence and 2006/783/JHA on confiscation orders (→ … Read more
EU Eurojust
2019 Counter-Terrorism Report by Eurojust 
12 February 2021
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 9 December 2020, Eurojust published its 2019 Report on Counter-Terrorism presenting the Agency’s activities in the area of counter-terrorism in the year 2019. The report gives an overview of Eurojust’s casework on counter-terrorism and presents the main concepts/principles of the newly developed European Judicial … Read more
EU Eurojust Terrorism
Contribution Agreement with Europol Signed 
12 February 2021
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 23 December 2020, Eurojust and Europol signed a contribution agreement to expand their cooperation under the SIRIUS project. The SIRIUS project, which Europol launched in 2017, aims to support Internet-based investigations by co-developing tools and solutions for EU law enforcement and judicial authorities (→ … Read more
EU Eurojust
Report on Malicious Uses and Abuses of Artificial Intelligence 
12 February 2021
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 19 November 2020, Europol, the United Nations Interregional Crime and Justice Research Institute (UNICRI), and Trend Micro (an IT company providing cybersecurity solutions) published a joint report on “Malicious Uses and Abuses of Artificial Intelligence (AI)”. Looking at the present state and possible … Read more
EU Europol
Spotlight Commission Proposes Europol Reform 
12 February 2021 (updated 4 years, 6 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 4/2021
On 9 December 2020, the European Commission published a proposal for a Regulation amending Regulation (EU) 2016/794 as regards Europol’s cooperation with private parties, the processing of personal data by Europol in support of criminal investigations, and Europol’s role on research and innovation. Against the … Read more
Europol
New Decryption Platform Launched 
12 February 2021
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
At the end of December 2020, Europol launched a new decryption platform. The initiative is available to the national law enforcement authorities of all EU Member States to send lawfully obtained evidence to Europol for decryption. The platform, which was developed in cooperation with … Read more
EU Europol
Reform Reports Published 
12 February 2021
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 21 December 2020, the Court of Justice followed its obligation to monitor implementation of the reform it started in 2016 and sent two reports to the European Parliament, the Council, and the Commission. The reports assess the effects of measures taken to increase the … Read more
Court of Justice of the European Union (CJEU)
EU-US Agenda for Global Change 
12 February 2021
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 2 December 2020, the Commission and the High Representative of the Union for Foreign Affairs and Security Policy put forward a joint proposal for a new EU-US Transatlantic Agenda. The Agenda sets out guiding principles of cooperation for a transatlantic partnership.The first … Read more
EU Commission
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, 10 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, 3 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, 9 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, 4 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