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Presidents of Chambers of the General Court Elected
On 30 September 2019, the Judges of the General Court elected the Presidents of their ten Chambers. The ten presidents elected for the period from 30 September 2019 to 31 August 2022 are Heikki Kanninen, Vesna Tomljenović, Anthony Michael Collins, Stéphane Gervasoni, Dean Spielmann, … Read more
Cornelia Riehle LL.M.
EU
European Court of Justice (ECJ)
New Judges Jääskinen and Wahl
On 7 October 2019, two new judges, Niilo Jääskinen and Nils Wahl, took up their positions at the Court of Justice.Niilo Jääskinen, appointed for the period from 7 October 2019 to 6 October 2021, last served as Judge and Vice-President of the Supreme … Read more
EU
European Court of Justice (ECJ)
Additional Area Offered on Website
The Court of Justice of the European Union has added a new area to its website, which offers the following information:Open access to preliminary ruling cases;A compilation of relevant decisions delivered by national courts;Notes and studies in relation to research and … Read more
EU
European Court of Justice (ECJ)
Report
Workshop on the Network of Associations for European Criminal Law and for the Protection of the Financial Interests of the EU Summary of the meeting, 16 September 2019, Brussels
25 practitioners and academics from all over Europe.discussed the future of the Network of Associations for European Criminal Law and for the Protection of the EU's Financial Interests at a meeting on 16 September 2019, organised by OLAF in Brussels. The purpose of the workshop was also to encourage the establishment of new associations or for existing associations to join the Network. Read more
EU
Protection of Financial Interests
Report
12th EU-Criminal Law Workshop, October 18-19, 2019, Bonn: "Is the rule of law falling apart in Europe?“ Tagungsbericht zum 12. EU-Strafrechtstag – „Geht der Rechtsstaat in Europa unter?“
Criminal defense attorneys met for the 12th time in Bonn/Germany to discuss current challenges in the fields of criminal law and criminal procedure in the European Union. Numerous legal practitioners as well as judges and legal scholars working in the field of European criminal law analysed whether current developments involving the Europeanization of substantive criminal law and criminal procedure still allow constitutional developments. Read more
EU
Fundamental Rights
Rule of Law
Area of Freedom, Security and Justice
Report
European Public Prosecutor’s Office Implementing Law Approved in Portugal
On 10 September, 2019, Portugal published Law no. 112/2009 implementing the EPPO Regulation. The law mainly deals with the procedures for the nomination and the status of the Portuguese European Public Prosecutor and Portuguese European Delegated Prosecutors. Read more
Vânia Costa Ramos
EU
European Public Prosectutor's Office (EPPO)
EU CTC: Influence of 5G Technology on Law Enforcement
At the JHA Council meeting of 7 June 2019, the EU Counter Terrorism Coordinator (EU CTC) updated ministers on the implications of the new generation of wireless technology 5G on law enforcement and judicial operations. Read more
Thomas Wahl
EU
Security Union
Law Enforcement Cooperation
CCBE: Legality of E-Evidence Proposal Even More Questionable After CJEU’s Judgements on “Judicial Authorities”
In a statement of 29 May 2019, the CCBE looks into the impact of the CJEU’s judgements of 27 May 2019 on the concept of judicial authority on the debated proposal for a Regulation on European Production and Preservation Orders for e-evidence in criminal matters. The CCBE argues that the exclusion of public prosecution offices not possessing the necessary independence to be a judicial authority underpins the arguments against the legality of the e-evidence proposal. Read more
EU
European Arrest Warrant
Law Enforcement Cooperation
Data Protection Authorities and EDPS Assess Impact of US CLOUD Act
Following a request to the EP LIBE Committee, the EDPB and the EDPS adopted a joint initial legal assessment of the impact of the US CLOUD Act on the EU legal data protection framework and the mandate for negotiating an EU-US agreement on cross-border access to electronic evidence for judicial cooperation in criminal matters. The legal assessment focuses on compliance of the US CLOUD Act with the requirements of Arts. 6, 48, and 49 of the GDPR. Read more
EU
Law Enforcement Cooperation
E-Evidence: Commission Obtains Mandates for EU-US Agreement and Negotiations in Council of Europe
After the respective recommendations put forward by the Commission (see eucrim 1/2019, p. 41), the Council gave two mandates to the Commission to negotiate on behalf of the EU agreements on access to e-evidence. The mandates endorsed on 6 June 2019 refer to:Conclusion of … Read more
EU
Law Enforcement Cooperation
Spotlight EU Creates New Central Database for Convicted Third Country Nationals
The European Parliament and the Council have established the legal framework that will facilitate the exchange of information on past convictions of third-country nationals (TCNs). The new legislation responds to the problem that the current ECRIS, which was put in place in 2012, does not sufficiently address the particularities of requests concerning third-country nationals. Read more
EU
Criminal Records
CJEU: Executing MS Must Ensure Enforcement of Foreign Custodial Sentences against Residents Poplawski II
In a judgement delivered on 24 June 2019 in case C-573/17, the CJEU made fundamental statements on consequences of the primacy of Union law, the importance of interpretation in conformity with Union law, and the extent of limits to these principles. The legal background … Read more
EU
European Arrest Warrant
Follow-up to the CJEU’s Judgments on the Concept of “Issuing Judicial Authority”
Following the judgments of the CJEU in the case C-509/18 (PF) and Joined Cases C-508/18 (O.G.) & C-82/19 PPU (P.I.) - clarifying the criteria as to when public prosecution offices can be regarded as judicial authority within the meaning of Art. 6(1) FD EAW - Austria, Denmark, Italy, and Sweden issued notes clarifying the status of their public prosecution offices, which are to be regarded as judicial authorities in the opinion of these Member States. Read more
EU
European Arrest Warrant
Clarifying the Concept of ‘Issuing Judicial Authority’ under the EAW
Eurojust compiled a country-by-country overview based on Member States' reactions to the judgments of the CJEU in joined cases C-508/18 (OG) and C-82/19 PPU (PI) and case C-509/18 (PF) on the interpretation of the concept of "an issuing judicial authority" within the meaning of Art. 6(1) Framework Decision 2002/584/JHA on the European Arrest Warrant. Read more
EU
Eurojust
European Arrest Warrant
Infringement Proceedings Against Ireland For Failure to Transpose Several Mutual Recognition Instruments
On 25 July 2019, the Commission sent reasoned opinions to Ireland for having failed to transpose a number of framework decisions strengthening judicial cooperation in criminal matters and implementing the principle of mutual recognition. Read more
EU
Judicial Cooperation
Council: The Way Forward in the Field of Mutual Recognition in Criminal Matters
The Romanian Council Presidency continued the debate on the future of mutual recognition in criminal matters. Following the Council conclusions on mutual recognition in December 2018, it compiled a report giving an overview of the current challenges in EU judicial cooperation in criminal matters. Read more
EU
Judicial Cooperation