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E-Evidence Legislation – State of Play 
28 December 2020 (updated 5 years, 3 months ago)
Thomas Wahl Thomas Wahl
At a videoconference on 9 October 2020, the German Council Presidency informed the justice ministers of the state of play regarding the e-evidence legislative proposals, submitted by the Commission in April 2018 ( → eucrim 1/2018, 35-36). The proposals – one for a … Read more
EU e-Evidence Law Enforcement Cooperation
Draft for EP Resolution on EAW 
28 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 3 September 2020, MEP Javier Zarzalejos (EPP, ES), member of the LIBE Committee, presented the first draft of a resolution by the EP on the implementation of the European Arrest Warrant. According to Zarzalejos, the EAW system is a success, and the limited … Read more
EU European Arrest Warrant Judicial Cooperation
EAW and Ireland: Commission Initiates Infringement Procedure 
28 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
In October 2020, the Commission initiated an infringement procedure against Ireland for not complying with the FD EAW. The Commission believes that Ireland has failed to comply with the mandatory time limits for executing EAWs. In addition, the Commission criticises that Ireland introduced additional grounds … Read more
EU European Arrest Warrant Judicial Cooperation
Legal Experts Call for Political Intervention after EAW Suspensions 
28 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
Against the background that more and more national courts tend to suspend cooperation with Poland due to rule of law concerns, the Meijers Committee – an independent group of experts on international immigration, refugee and criminal law –urge politicians to increase pressure on the concerned … Read more
EU European Arrest Warrant Judicial Cooperation
AG: No Automatic Non-Execution of EAWs Issued by Poland 
28 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
At the end of July 2020, the Rechtbank Amsterdam referred to the CJEU the question of whether the "real risk" of an unfair trial due to the lack of independence of the Polish judiciary could justify a general ban on the execution of European Arrest … Read more
EU European Arrest Warrant Judicial Cooperation
CJEU Delivers Judgment on Speciality Rule 
28 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 24 September 2020, the CJEU ruled on a reference from the German Federal Court of Justice (Bundesgerichtshof) in an urgent preliminary ruling procedure (Case C-195/20 PPU [Generalbundesanwalt beim Bundesgerichtshof v XC]). The case concerned interpretation of the speciality rule … Read more
EU Court of Justice of the European Union (CJEU) European Arrest Warrant Judicial Cooperation
New Translation of German Act on International Cooperation in Criminal Matters Published 
28 December 2020
Thomas Wahl Thomas Wahl
The Federal Ministry of Justice and Consumer Protection in collaboration with the Federal Office of Justice published a new translation of the German Act on International Mutual Assistance in Criminal Matters (Gesetz über die internationale Rechtshilfe in Strafsachen - IRG). The translation not only includes … Read more
EU Judicial Cooperation
ECBA: Principles on the Use of Video-Conferencing in Criminal Cases 
28 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
In September 2020, the European Criminal Bar Association (ECBA) issued a statement setting out principles on the use of video-conferencing in criminal cases in a post-COVID-19 world. The ECBA observed that, faced with the challenges of the COVID-19 pandemic, judicial authorities in Europe … Read more
EU Judicial Cooperation
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