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Spotlight CJEU: Data Retention Allowed in Exceptional Cases 
12 December 2020 (updated 5 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2020
On 6 October 2020, the Grand Chamber of the CJEU delivered its judgments on data retention concerning the British, French, and Belgian rules (Case C-623/17 (Privacy International), and Joined Cases C-511/18 (La Quadrature du Net and Others), C-512/18 (French … Read more
EU Court of Justice of the European Union (CJEU) Data Protection
Report
The Statute of Limitations as a Challenge for Cross-Border Cooperation in Criminal Matters - Development of a Harmonisation Proposal  Die Verjährung als Herausforderung der grenzüberschreitenden Zusammenarbeit in Strafsachen – Entwicklung eines Harmonisierungsvorschlags; Bericht zur Projekttagung vom 17.-18. September 2020
10 December 2020 (updated 5 years, 6 months ago)
Thomas Kolb Thomas Kolb in Issue 4/2020
Criminal law experts from 14 countries met to discuss the harmonisation of statute of limitations in the European Union at a project conference on 17 and 18 September 2020 in Frankfurt (Oder), Germany. The aim was to discuss the draft of a proposal for harmonisation of the statute of limitations in criminal law within the European Union. Read more
Evaluation Report on Environmental Crime Directive 
8 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 28 October 2020, the Commission provided a comprehensive evaluation of Directive 2008/99/EC on the protection of the environment through criminal law. The Directive is the EU’s main instrument seeking effective protection of the environment and full application of the existing environmental EU legislation through … Read more
EU Environmental Crime
Commission Identifies Weaknesses in Transposition of Directive on Combating Terrorism 
8 December 2020 (updated 4 years, 9 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2020
On 30 September 2020, the Commission published a report assessing the measures taken by the Member States to comply with EU anti-terrorism legislation (Directive 2017/541 --> eucrim 2/2017, 69). The Member States had to implement the rules of the Directive by 8 September 2018. … Read more
EU Terrorism
Restrictive Measures for Cyber Attacks against the German Bundestag 
8 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 22 October 2020, the Council imposed restrictive measures against two persons and one body responsible for or involved in the cyberattacks on the German Federal Parliament (Deutscher Bundestag) in April and May 2015. The persons/body concerned belonged to the Russian military intelligence. The attack … Read more
EU Cybercrime
Annual Report on Cyber Threat Landscape 
8 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 20 October 2020, the European Union Agency for Cybersecurity (ENISA) published the annual report on cyber threats – the “ENISA Threat Landscape 2020” (ETL 2020). The report identified and evaluated the top cyber threats in the EU between January 2019 and April 2020. It … Read more
EU Cybercrime
Council Conclusions on IP Policy 
8 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
In its conclusions on intellectual property policy of 10 November 2020, the Council sets up a number of guidelines on better intellectual property enforcement. The Council is concerned that there is still a high number of counterfeit goods being offered on online marketplaces – … Read more
EU Counterfeiting & Piracy
No Implementation of 5th AMLD: Commission Acts against Cyprus 
8 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
In October 2020, the Commission sent a reasoned opinion to Cyprus for not having notified any measures for the transposition of the 5th Anti-Money-Laundering Directive (AMLD). The 5th AMLD was adopted in 2018 and further develops the obligations as laid down in the 4th AMLD … Read more
EU Money Laundering
EDPS Takes Position on Commission AML/CFT Action Plan of May 2020 
8 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
In Opinion 5/2020, the European Data Protection Supervisor (EDPS) assesses the data protection implications of several measures proposed in the Commission’s action plan for a comprehensive Union policy on preventing money laundering and terrorism financing (eucrim 2/2020, 87-89). The EDPS welcomes several … Read more
EU Money Laundering
Council Conclusions on AML 
8 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 5 November 2020, the Council published conclusions on anti-money laundering and countering the financing of terrorism. The Council mainly encourages the Commission to further elaborate legislative proposals on an EU single rulebook, the structure and tasks of an EU AML/CFT supervisor, and a … Read more
EU Money Laundering
ECA: EU’s Multi-Billion Recovery and Resilience Facility to Be Improved 
8 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 9 September 2020, the European Court of Auditors (ECA) published an opinion that assesses Commission’s Recovery and Resilience Facility (RRF). With more than €600 billion, the RRF is the biggest section within the planned Next Generation EU budget (NGEU) and will provide grants … Read more
EU Protection of Financial Interests
ECA Blames EU for Excessive Spending Errors 
8 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 10 November 2020, the European Court of Auditors (ECA) presented its annual report on the 2019 financial year. Each year, the ECA audits the revenue and expenditure of the EU budget and provides a positive or negative opinion on the extent to which the … Read more
EU Protection of Financial Interests
Agreement on Record Budget 
8 December 2020 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2020
Following intensive consultations, the German Council Presidency and the European Parliament reached agreement on the EU’s next long-term budget on 10 November 2020. At the initiative of Commission President Ursula von der Leyen, the EU has around €1.824 trillion available for the period … Read more
EU Protection of Financial Interests
Spotlight Compromise on Making EU Budget Conditional to Rule of Law Respect 
8 December 2020 (updated 9 months, 2 weeks ago)
Thomas Wahl Thomas Wahl in Issue 3/2020
Council and European Parliament agreed on a compromise to link the protection of the EU’s financial interests with rule-of-law breaches in the Member States in the future. Hungary and Poland pushed through an "interpretative declaration" at the summit of the 27 EU leaders on 10/11 December 2020. Read more
EU Rule of Law Protection of Financial Interests
CJEU: Recovery of Unduly Paid EU Funds Not Necessarily by Criminal Law 
8 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 1 October 2020, the CJEU ruled on the questions of whether State authorities can enjoy status according to the EU’s Victim Rights Directive and to what extent national law must provide criminal law mechanisms for the recovery of wrongly paid EU subsidies. Read more
EU Protection of Financial Interests
31th Annual PIF Report 
8 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 3 September 2020, the Commission published the 31st annual report on the protection of the EU’s financial interests, which gives an overview of the main legislative steps, policy initiatives, measures at the EU and national levels, and results as regards the protection of the EU budget in 2019. Read more
EU Protection of Financial Interests