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US CLOUD Act: EU Wants Executive Agreement with the U.S.
The EU and the U.S. agreed that the U.S. will negotiate one "executive agreement" with the EU in the framework of the US CLOUD Act. The Commission and the Council are preparing the mandate in order to start the negotiations. Read more
Thomas Wahl
EU
Law Enforcement Cooperation
Civil Society Organisations Voice Concerns over Council Plans on E-Evidence
Eighteen civil society organisations urged Member States to seriously reconsider its draft position on law enforcement access to “e-evidence” on the eve of the vote on the general approach in the Council. Read more
EU
Law Enforcement Cooperation
Council Pushes for E-Evidence Law, EP Applies the Brakes
On 7 December 2018, under the Austrian Presidency, the JHA Council agreed on its position on a proposal for a regulation on European production and preservation orders for e-evidence in criminal matters. Meanwhile, the European Parliament dampened expectations that it will finalise the legislation by the end of the parliamentary term in May 2019. Read more
EU
e-Evidence
Law Enforcement Cooperation
CJEU: Consequences of Failure to Refer to Additional Sentence in EAW
On 6 December 2018, the CJEU delivered its judgment in Case C-551/18 PPU, which concerns the execution of a European Arrest Warrant (EAW) issued against IK. The judgment mainly concerns the interpretation of Art. 8 FD EAW (entitled “content and form of an EAW”), but also Art. 15 (communication of supplementary information) and Art. 27 (rule on speciality). Read more
EU
European Arrest Warrant
CJEU: Surrender of Resident if Executing State Unable to Enforce Custodial Sentence
On 13 December 2018, the CJEU decided on a request for a preliminary ruling that concerned the interpretation of Art. 4 No. 6 FD EAW in conjunction with the divergent levels of sanctioning among the EU Member States.Facts of the CaseIn the case … Read more
EU
European Arrest Warrant
CJEU: Obligations of MS if Extradition Sought to Enforce Custodial Sentence for Union Citizens
The Korkein oikeus (Finnish Supreme Court) referred to the CJEU to know whether (and, if yes, how) the concept established in the CJEU's Petruhhin judgment not only applies to extraditions for the purpose of prosecution but also to those for the purpose of enforcing custodial sentences. The Grand Chamber of the CJEU delivered its judgment in this case (C-247/17 – Denis Raugevicius) on 13 November 2018. Read more
EU
Judicial Cooperation
Council Conclusions on Mutual Recognition
At their meeting of 7 December 2018, the EU Member States’ Ministers for Justice adopted Council conclusions on mutual recognition in criminal matters. The conclusions contain several calls on the Member States and the Commission. Read more
EU
Area of Freedom, Security and Justice
Judicial Cooperation
Spotlight Regulation on Freezing and Confiscation Orders
The European Parliament and the Council adopted a regulation on the mutual recognition of freezing orders and confiscation orders. The new legal framework (Regulation (EU) 2018/1805) was published in the Official Journal of the EU of 28 November 2018 (O.J. L 303/1). The Regulation replaces the provisions of Framework Decision 2003/577/JHA as regards the freezing of property and Framework Decision 2006/783/JHA as of 19 December 2020. Read more
EU
Freezing of Assets / Confiscation
FRA Handbook on Profiling
In December 2018, FRA published a handbook aiming to contribute to the prevention of unlawful profiling. Read more
Cornelia Riehle LL.M.
EU
Data Protection
The Awakening of EU Data Retention Rules
At the Council meeting of 6-7 December 2018, the JHA ministers of the EU Member States reiterated their support for EU-wide legislation on data retention. They encouraged the continuation of work at the expert level to develop a new concept after the 2006 "date retention Directive" was declared void by the CJEU in 2014. Read more
EU
Data Protection
New Structures at FRA
With the aim of responding better to its strategic priorities, FRA started working in a new configuration on 16 November 2018. The agency created a new Institutional Cooperation and Networks Unit as well as a new Technical Assistance and Capacity Building Unit next to the … Read more
EU
Agency for Fundamental Rights (FRA)
Online Tool Against Muslim Hatred
At the beginning of December 2018, FRA published a new online tool to assist Member States, policymakers, and stakeholders when confronted with anti-Muslim hatred. Read more
EU
Agency for Fundamental Rights (FRA)
Racism and Xenophobia
Collection of Case Law on Hate Crime
In December 2018, FRA published a paper looking at the evolution of the ECtHR’s case law relating to hate crime. Read more
EU
Agency for Fundamental Rights (FRA)
Racism and Xenophobia
Council Shapes Rules on Fighting Terrorist Content Online
At its meeting of 6 December 2018, the JHA Council adopted its general approach to the proposed regulation on preventing the dissemination of terrorist content online. This proposal had been submitted by the European Commission on 12 September 2018, following a call by EU leaders in June. For the proposal, see eucrim 2/2018, pp. 97-98 and the article by G. Robinson. Read more
EU
Racism and Xenophobia
Terrorism
EP Tables Recommendations for New EU Strategy to Combat Terrorism
On 12 December 2018, MEPs adopted a resolution that contains over 225 recommendations for tackling the threat of terrorism. Read more
EU
Terrorism
First European Youth Day
Europol’s European Cybercrime Centre (EC3) organised a European Youth Day for the first time, which took place on 20 November 2018. Under the slogan “Digital Rights of Youth against Violence,” approx. 100 youths between 12 and 15 years of age gathered at Europol to discuss … Read more
EU
Europol
Cybercrime