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20th Anniversary of European Court of Human Rights
On 1 November 2018, it was the twentieth anniversary of the entry into force of Protocol No. 11 and the setting up of a single, full-time ECtHR. The protocol also established the right of individual petition to over 800 million Europeans. Following the entry into … Read more
Dr. András Csúri
Council of Europe
Fundamental Rights
European Court of Human Rights
First Case for Advisory Opinion under Protocol No. 16
On 3 December 2018, the Grand Chamber panel of five judges accepted a request for an advisory opinion under Protocol No. 16. This is the first case (received on 16 October 2018 from the French Court of Cassation) since the entry into force of Protocol No. 16 to the ECHR on 1 August 2018. Read more
Council of Europe
European Court of Human Rights
GRECO: Fifth Round Evaluation Report on Estonia
On 7 December 2018, GRECO published its fifth round evaluation report on Estonia. In general, GRECO observed that the comprehensive legislative framework and online tools in place in Estonia provide a sound basis for preventing corruption amongst all officials. There are, however, a number of areas in which improvements are necessary and recommended. Read more
Council of Europe
Corruption
MONEYVAL: Fifth Round Evaluation Report on Albania
On 17 December 2018, MONEYVAL published its fifth-round evaluation report on Albania. The report calls on the Albanian authorities to step up their efforts in pursuing launderers, when confiscating assets connected to significant proceeds-generating offences and in tackling terrorist financing risks. Read more
Council of Europe
Money Laundering
MONEYVAL: AML/CFT Report on Israel Triggers the Country’s Membership to the FATF
On 10 December 2018, FATF and MONEYVAL published a mutual assessment report on Israel’s anti-money laundering and counter-terrorist financing (AML/CFT) system, the effectiveness of measures in place, and their level of compliance with FATF Recommendations. Read more
Council of Europe
Money Laundering
Spotlight New Data Protection Framework for EU Institutions
The European Union has a new legal framework for the protection of personal data processed by Union institutions, bodies, offices and agencies. The underlying Regulation (EU) 2018/1725 repeals Regulation (EC) No 45/2001 and Decision No 1247/2002/EC which date back to the pre-Lisbon era and did not cover the processing of personal data within all Union institutions and bodies. Read more
Thomas Wahl
EU
Data Protection
Report
Conference on the Implementation of the EPPO Regulation
On 13-14th December 2018, the Romanian National Anti-Corruption Directorate organised the conference “The impact of the EPPO Regulation at the level of the national authorities of the participating EU Member States.” It aimed to facilitate the sharing of experiences, challenges, and practices in order to prepare the EU and the national legal systems for the establishment of the EPPO. Read more
EU
European Public Prosectutor's Office (EPPO)
Council Conclusions to Support Law enforcement
At its meeting of 18 October 2018, the European Council called for measures to provide Member States’ law enforcement authorities, Europol, and Eurojust with adequate resources to face new challenges posed by technological developments and the emerging security threat landscape. The resources include the … Read more
Cornelia Riehle LL.M.
EU
Law Enforcement Cooperation
Commission’s E-Evidence Plans Under Fire
Organisations and academics voiced critical opinions on the Commission proposals of April 2014 on e-evidence. Read more
EU
Law Enforcement Cooperation
CCBE Makes Critical Statement on E-Evidence Proposal
On 19 October 2018, the CCBE delivered a critical viewpoint on the Commison’s proposal of April 2018 for a Regulation on European Production and Preservation Orders for electronic evidence in criminal matters. It further develops its critical position it issued in previous comments. Read more
EU
Fundamental Rights
Law Enforcement Cooperation
Data Protection
EDPB Criticises E-Evidence Proposals
On 26 September 2018, the European Data Protection Board (EDPB) adopted a critical opinion regarding the Commission proposals on European Production and Preservation Orders for electronic evidence in criminal matters. Read more
EU
Law Enforcement Cooperation
Data Protection
Improved Cooperation Tool Benefits Fight Against VAT Fraud
New EU legislation was put in place to strengthen administrative cooperation in the field of VAT fraud. It will meet needs in order to combat cross-border VAT fraud more effectively and in a more timely manner. Read more
EU
Protection of Financial Interests
Tax Evasion
Law Enforcement Cooperation
ECA Criticizes Delays in Building Up Modernized Customs IT Systems
According to a report by the ECA, the implementation of the new IT systems for the Customs Union suffered a series of delays. As a result, some of the key systems will not be available by the envisaged 2020 deadline. The auditors caution that the rescheduled deadline is also at risk of not being met. Read more
EU
Customs Cooperation
Eurojust Updates Overview of CJEU’s Case Law on EAW
In November 2018, Eurojust issued an update of its overview of the case law of the CJEU with regard to the application of Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and surrender procedures between Member States (FD EAW). Read more
European Arrest Warrant
Fair Trial Violation: Amsterdam Court Refuses Surrender to Poland
On 5 October 2018, the Internet news channel “DutchNews.nl” reported that the Amsterdam District Court stopped surrender of a Polish national to Poland (for the time being) because of “major doubts about the independence of the Polish judiciary.” Read more
EU
European Arrest Warrant
German Bar Association Makes Critical Statement on Whistleblower Draft Directive
In November 2018, the German Bar Association (DAV) tabled a position paper on the Commission proposal for a directive on the protection of whistleblowers. The DAV welcomed the introduction of EU-wide minimum rules for persons reporting breaches of Union law, but also sees room for improvement. Read more
EU
Victim Protection