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Fair Trials: Study on Threats to Presumption of Innocence Regarding Presentation of Suspects in Criminal Proceedings
On 3 June 2019, Fair Trials – a NGO that stands for improving respect for a fair trial in accordance with international standards – released a report on key threats to the presumption of innocence if suspects are presented in public environment. Read more
Thomas Wahl
EU
Procedural Safeguards
CJEU: Italian Law Differentiating Applicability of Negotiated Settlements in Line with EU Law
In its judgment of 13 June 2019 in case C-646/17 (Gianluca Moro), the CJEU ruled that Union law does not preclude domestic procedural rules that allow the accused person to request a negotiated penalty after the beginning of the trial only if there is a change in the accusation that is of a factual nature and not when the change is of a legal nature. Read more
EU
Procedural Safeguards
All Procedural Rights Directives Now Apply
The transposition period for the directive on special safeguards for children in criminal proceedings (Directive 2016/800) ended on 11 June 2019. Together with the directive guaranteeing access to legal aid (Directive 2016/1919), which had to be transposed by 25 May 2019, it is the last piece of legislation that had to be implemented according to the 2009 Roadmap for strengthening procedural rights. Read more
EU
Procedural Safeguards
Evaluation of the EU-US Agreement on Tracing Terrorist Financing
On 22 July 2019, the Commission presented the “joint review of the implementation of the Agreement between the European Union and the United States of America on the processing and transfer of Financial Messaging Data from the European Union to the United States for the purposes of the Terrorist Finance Tracking Program.” It is the fifth evaluation report on the agreement which entered into force on 1 August 2010. Read more
EU
Terrorism
Council Conclusions on Radicalisation in Prisons
At its meeting on 7 June 2019, the home affairs ministers/ministers of the interior of the EU Member States adopted Council conclusions on preventing and combatting radicalisation in prisons and on dealing with terrorist and violent extremist offenders after release. The Council pointed out that effective measures in this area must urgently be taken. Read more
EU
Terrorism
No More Ransom Initiative Turns Three
On 26 July 2019, the No More Ransom initiative celebrated its third anniversary. Today, the portal offers decryption to 109 different types of ransomware infections and is available in 35 languages. 150 partners, consisting of 42 law enforcement agencies, 5 EU Agencies and 101 public … Read more
Cornelia Riehle LL.M.
EU
Cybercrime
New Sanctioning Regime against External Cyber-Attacks
The Council has established a framework that allows the EU to impose restrictive sanctions against external cyber-attacks threatening the Union or its Member States. The framework comes in response to recent malicious cyberattacks that originated or were carried out outside the EU and affected the EU Member States’ critical infrastructure, competitiveness, and/or state functions. Read more
EU
Cybercrime
Cybersecurity Act Introduces Cybersecurity Certification and Strengthens EU’s Cybersecurity Agency
On 7 June 2019, the EU added another piece of cybersecurity legislation: the “Cybersecurity Act” . It introduces a framework for European Cybersecurity Certificates and reinforces the mandate of the EU Agency for Cybersecurity (ENISA). Read more
EU
Cybercrime
Commission: Directive on Protecting the Euro by Criminal Law Must be Transposed More Efficiently
The Commission is not fully satisfied as to how Member States have transposed Directive 2014/62/EU on the protection of the euro and other currencies against counterfeiting by criminal law. Read more
EU
Counterfeiting & Piracy
Spotlight New Directive on Law Enforcement Access to Financial Information
The European Parliament and the Council adopted new legislation that improves the access of law enforcement authorities to financial information. Read more
EU
Money Laundering
Commission Prepares Interconnection of Central Bank Account Registries
In parallel with other reports in the area of anti-money laundering, on 24 July 2019, the Commission published a report on the interconnection of national centralised automated mechanisms (central registries or central electronic data retrieval systems) of the Member States on bank accounts (COM(2019) 372 final). Read more
EU
Money Laundering
Commission: Need for Reinforced FIU Cooperation
In a series of anti-money laundering reports (all published on 24 July 2019), the Commission assessed the framework for cooperation between Financial Intelligence Units (FIUs).The Commission concludes that cooperation has improved greatly over the past few years. However, several shortcomings remain. Read more
EU
Money Laundering
Spotlight Commission Brings AML Regulation Into Play
On 24 July 2019, the Commission published a report on recent alleged money laundering cases involving EU credit institutions (COM(2019) 373 final). This report is the Commission’s response to requests from the European Parliament and the Council to carry out a thorough review of whether there are structural flaws in the regulatory and supervisory framework. Read more
EU
Money Laundering
2019 Risk Assessment Report on Money Laundering
The Supranational Risk Assessment (SNRA) report of 24 July 2019 systematically analyses the money laundering or terrorist financing risks of specific products and services. It focuses on vulnerabilities identified at the EU level, both in terms of legal framework and in terms of effective application, and provides recommendations for addressing them. Read more
EU
Money Laundering
Spotlight Commission: Better Implementation of the EU’s AML Framework Needed
On 24 July 2019, the Commission published a Communication and four reports that assess the risks of money laundering and the implementation of the EU’s anti-money laundering/countering terrorist financing (AML/CFT) framework. The package is designed to support European and national bodies so that they may better counter the risks of money laundering. Read more
EU
Money Laundering
New Data Mining Tool to Combat VAT Fraud
Since mid-May 2019, EU Member States are able to use a new electronic tool that is expected to detect VAT fraud at an early stage. The Transaction Network Analysis (TNA) is an automated data mining tool that interconnects Member States’ tax IT platforms. Read more
EU
Tax Evasion