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ECtHR: Extension of Exceptional Measures due to the Global Health Crisis 
24 August 2020
Dr. András Csúri Dr. András Csúri
In a press release published on 9 April 2020, in the context of the global health crisis, the ECtHR extended the exceptional measures at the Court that had been applied since 16 March 2020 (see eucrim 1/2020, p. 30). The measures take into account … Read more
European Court of Human Rights
CJEU Rules on Recognition of Probation Decisions 
14 August 2020 (updated 5 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2020
The recognition of a judgment suspending the execution of a custodial sentence, only under the condition that the accused does not commit new offences during a probation period, may fall within the scope of Framework Decision 2008/947/JHA. This was decided by the CJEU on … Read more
EU Court of Justice of the European Union (CJEU) Law Enforcement Cooperation
AG: German Public Prosecutor’s Office Can be Considered “Judicial Authority” to Issue EIOs 
14 August 2020 (updated 5 years, 9 months ago)
Thomas Wahl Thomas Wahl
In case C-584/19 (Staatsanwaltschaft Wien v A and Others), the CJEU was requested to answer the question of whether its case law on the independence of the (German) public prosecutor's office in relation to the European Arrest Warrant (see eucrim 1/2019, pp. 31-33) … Read more
EU European Investigation Order
AG: Independence of Executing Judicial Authority Necessary to Decide on EAW Issues 
14 August 2020
Thomas Wahl Thomas Wahl
In his opinion of 25 June 2020, Advocate General (AG) Campos Sánchez-Bordona supports not recognising a public prosecutor’s office exposed to the risk of being subject, directly or indirectly, to directions or instructions from the executive in specific cases as an authority that can … Read more
EU Court of Justice of the European Union (CJEU) European Arrest Warrant
Statistics on Use of EAW in 2018 
14 August 2020
Thomas Wahl Thomas Wahl
On 2 July 2020, the European Commission published key statistics on the EAW for 2018. The publication is accompanied by the Commission’s implementation report on the FD EAW (see separate news item). The statistical report compiles replies to a questionnaire, providing quantitative information on … Read more
European Arrest Warrant
European Arrest Warrant: Commission Sees Highlights and Lowlights 
14 August 2020 (updated 5 years, 7 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2020
The European Arrest Warrant (EAW) remains a success story, but Member States must properly implement the instruments of mutual recognition, including the EAW, to achieve the objective of developing and maintaining a European area of freedom, security and justice. This was declared by Commissioners Věra … Read more
EU European Arrest Warrant
Commission Assesses EU’s Asset Recovery and Confiscation Regime 
14 August 2020
Thomas Wahl Thomas Wahl
On 2 June 2020, the Commission presented its report on asset recovery and confiscation, entitled “Ensuring that crime does not pay.” The proceeds of organised crime in the EU are currently estimated at about €110 billion per year. As reported by Europol, however, … Read more
EU Freezing of Assets / Confiscation
CJEU: Member States Must Sufficiently Compensate Victims 
14 August 2020 (updated 5 years, 3 months ago)
Thomas Wahl Thomas Wahl
The Italian Supreme Court of Cassation referred questions on the applicability of Directive 2004/80/EC as regards compensation to crime victims and the amount of compensation provided therein. On 16 July 2020, the Grand Chamber of the CJEU delivered its judgment on the case (C-129/19 … Read more
EU Court of Justice of the European Union (CJEU) Victim Protection
Commission Unsatisfied with Transposition of Victims’ Rights Directive 
14 August 2020
Thomas Wahl Thomas Wahl
The full potential of the 2012 Victims’ Rights Directive (Directive 2012/29/EU) has not yet been reached. The implementation of the Directive is not satisfactory. This is particularly due to incomplete and/or incorrect transposition. These are the main conclusions of the recent Commission implementation … Read more
EU Victim Protection
Commission: Directive on European Protection Order Underused in Practice 
14 August 2020
Thomas Wahl Thomas Wahl
The legislative implementation of Directive 2011/99/EU on the European Protection Order (EPO) in criminal matters is satisfactory, in particular the mechanism for recognising EPOs. The EPO has been applied only in few cases in practice, however; its full potential has not been reached. These are … Read more
EU Victim Protection
EDPS Report on Data Protection Impact Assessments in EU Institutions 
14 August 2020
Thomas Wahl Thomas Wahl
On 6 July 2020, the European Data Protection Supervisor (EDPS) published a report on how EU institutions, bodies, and agencies (EUIs) carry out Data Protection Impact Assessments (DPIAs) when processing information that presents a high risk to the rights and freedoms of natural persons. DPIAs … Read more
EU Data Protection
EDPS Statement on GDPR Evaluation: Stronger European Solidarity Needed for Enforcement 
14 August 2020
Thomas Wahl Thomas Wahl
The European Data Protection Supervisor (EDPS), Wojciech Wiewiórowski, welcomed the European Commission’s review of the General Data Protection Regulation (GDPR – see separate news item). In a statement issued on 24 June 2020, he especially agrees that the GDPR has strengthened the … Read more
EU Data Protection
Commission Evaluation Report on GDPR 
14 August 2020
Thomas Wahl Thomas Wahl
On 24 June 2020, the European Commission published its first report on the evaluation and review of the General Data Protection Regulation (GDPR). The report comes two years after the Regulation became applicable on 25 May 2018. As stipulated by Art. 97 of the GDPR, … Read more
EU Data Protection
CJEU: Petitions Committees in German State Parliaments Subject to GDPR & Referring Court is Independent 
14 August 2020
Thomas Wahl Thomas Wahl
On 9 July 2020, the CJEU ruled on the reference for a preliminary ruling of the Administrative Court of Wiesbaden in Case C-272/19. The reason for the referral was the question of whether a parliamentary petitions committee is subject to the General Data Protection … Read more
EU Court of Justice of the European Union (CJEU) Data Protection
EU-US Data Transfers: CJEU Shatters Privacy Shield − Schrems II 
14 August 2020 (updated 5 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2020
In response to questions referred by the Irish High Court, the CJEU’s Grand Chamber ruled on 16 July 2020 in case C-311/18 that Commission Decision 2016/1250 on the adequacy of the protection provided by the EU-US Privacy Shield was invalid. By contrast, Commission Decision 2010/87 … Read more
EU Court of Justice of the European Union (CJEU) Data Protection
Access to Lawyer despite Absence of Investigating Judge 
14 August 2020 (updated 5 years, 3 months ago)
Thomas Wahl Thomas Wahl
The CJEU ruled that Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings must be interpreted in the light of Art. 47 of the EU Charter of Fundamental Rights (CFR) as meaning that the right cannot be delayed to the suspected … Read more
EU Procedural Safeguards