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Second EuroMed Forum
From 30-31 January 2019, Prosecutors General from Europe and Mediterranean countries took part in the second EuroMED Forum of Prosecutors hosted by Eurojust in The Hague. This year’s Forum dealt with issues such as the fight against terrorism and organised crime as well as personal … Read more
Cornelia Riehle LL.M.
EU
Eurojust
Eurojust/Europol Report on Encryption
On 11 January 2019, Eurojust and Europol published their first joint report on encryption offering an overview of the state of play in this area. Encryption is defined as the process of converting data, such as messages or pieces of information, in a way that … Read more
EU
Eurojust
Europol
Report on Asset Recovery Casework
In February 2019, Eurojust published a report on its casework in asset recovery with the following overview:The main legal and practical issues encountered by Eurojust in its asset recovery casework;The support provided by Eurojust during the asset recovery process;The main judicial cooperation … Read more
EU
Eurojust
Manipulated Tennis Competitions
At the beginning of January 2019, an operation against an organised criminal group suspected of manipulating professional tennis competitions led to the arrest of 83 suspects, 28 of them professional players. Professional players had been bribed to guarantee predetermined results. Members of the OCG then … Read more
EU
Europol
EMPACT 2018 Results and 2019 Operational Action Plan on Financial Crime
In December 2018, the European multidisciplinary platform against criminal threats (EMPACT) published its results for the year 2018, stating that 1026 investigations had been initiated with over €1.4 million seized in cash during the EMPACT Joint Action days. Furthermore, 1137 suspects were arrested and … Read more
EU
Europol
Organised Crime
Commission Wants Mandate to Negotiate International Rules on E-Evidence
On 5 February 2019, the Commission presented two recommendations to the Council that would allow the Commission to negotiate international rules for obtaining electronic evidence. The first recommendation relates to a possible “executive agreement” with the U.S. within the framework of the U.S. CLOUD Act … Read more
Thomas Wahl
EU
Law Enforcement Cooperation
Spotlight Further Concerns of EP Against E-Evidence Legislative Proposal
The EP rapporteur in the LIBE committee responsible for the Commission proposal on law enforcement access to e-evidence, Birgit Sippel (S&D, Germany), voiced further criticism (see already eucrim 4/2018, 206). After a first working document (see ibid), Sippel and co-rapporteurs/shadow rapporteurs examined the following … Read more
EU
e-Evidence
Law Enforcement Cooperation
Council Conclusions on Customs Risk Management
At the meeting on 8 January 2019, the Council (General Affairs) approved conclusions on the Commission’s second progress report on the Implementation of the EU Strategy and Action Plan for Customs Risk Management. The Council, inter alia, welcomed the participation of customs administrations … Read more
EU
Customs Cooperation
EP Study: Possible EU Action Against Misuse of Interpol Red Notice System
In February 2019, the European Parliament published a study that examined abuse by some states of Interpol’s notice system to persecute national human rights defenders, civil society activists, and critical journalists in violation of international standards of human rights. The study, entitled “Misuse of Interpol’s … Read more
EU
Police Cooperation
Debate on Home Affairs Progress
At the JHA Council meeting on 7 March 2019, the Home Affairs Ministers of the EU Member States discussed achievements made in the past five years in the area of home affairs and the challenges ahead. The debate must be seen in the context of … Read more
EU
Police Cooperation
CJEU: Executing MS May Impose Imprisonment for Non-Execution of Foreign Confiscation Order
Can a Member State apply a term of imprisonment pending payment in order to execute a confiscation order adopted in another EU Member State? This was the main question the CJEU dealt with in the case C-97/18 (“ET”). The Court’s judgment was … Read more
EU
Freezing of Assets / Confiscation
Journalists Against Tiered Reporting Approach in Draft Whistleblowers Directive
On 17 January 2019 – on the eve of final deliberations in the Council that led to adoption of its general approach on the so-called whistleblower directive – the European Federation of Journalists (EFJ) re-published an open letter calling for robust protection of persons who … Read more
EU
Victim Protection
Council Adopts Negotiating Position on Whistleblower Directive
On 25 January, the COREPER agreed to the Council’s general approach on the Commission’s proposal for a directive on the protection of persons reporting breaches of Union law (“the whistleblower Directive”, see eucrim 1/2018, p. 27 and G. Georgiadou, eucrim 3/2018, p. 166). … Read more
EU
Victim Protection
Report
"Freedom AND Security - Killing the zero sum process #kill0sum"
22-23 November 2018, The Hague Europol published the conference report of an inspiring, unconventional data protection conference that took place at Europol headquarters in autumn 2018.Speakers and participants came from different sectors all over the world, including practicing officials and lawyers, data protection officers, … Read more
EU
Data Protection
Spotlight CJEU: Exclusion Rules on Unlawfully Obtained Evidence Precede Anti-Fraud Obligations
Do Art. 325 TFEU and the PIF Convention – read in the light of the principle of effective prosecution of VAT offences – restrict the applicability of national rules on the inadmissibility of evidence? This question was at the core of the CJEU’s judgment of … Read more
EU
Tax Evasion
Procedural Safeguards
Commission: Code of Conduct with IT Companies to Tackle Hate Speech is Evolving Positively
On 4 February 2019, the Commission presented its fourth evaluation of the Code of Conduct on Countering Illegal Hate Speech Online. The Code of Conduct was launched on 21 May 2016 to ensure that requests to remove racist and xenophobic Internet content are dealt quickly … Read more
EU
Racism and Xenophobia