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News found: 2220 of 2220
Endangered Lawyers – Hearing at the EP
On 19 February 2019, the EP’s Subcommittee on Human Rights (DROI) held a hearing on “attacks on the legal profession and lawyers defending human rights.” The persecution of lawyers has intensified worldwide. Lawyers defending human rights and representatives of NGOs reported that the professional activity of lawyers is increasingly subject to difficult conditions, e.g., abusive infringements of professional secrecy or surveillance of client conversations. Read more
Thomas Wahl
EU
Fundamental Rights
New Special Representative for Human Rights
On 28 February 2019, the Council appointed Eamon Gilmore as EU Special Representative for Human Rights. Read more
EU
European Commission for the efficiency of justice (CEPEJ)
No Progress in Art. 7 TEU Procedure Against Poland and Hungary
At its meeting of 19 Feburary 2019, the General Affairs Council dealt with the Article 7 TEU procedure concerning Poland and Hungary. Statements of Member States on the rule-of-law situation in these two countries were cautious. Read more
EU
Fundamental Rights
EP: Strengthening Potential of Charter
The European Union must take resolute steps to strengthen its own efforts to guarantee the enjoyment of all rights of the Charter of Fundamental Rights, including social rights. This is one of the main requests in an EP resolution of 12 February 2019 “on the implementation of the Charter of Fundamental Rights of the European Union in the EU institutional framework.” The non-legislative resolution was adopted by 349 to 157 votes (with 170 abstentions). Read more
EU
Fundamental Rights
EP: Step up Efforts to Effective Protection of Rule of Law and European Values
On 16 January 2019, the European Parliament called on all relevant actors at the EU and national levels − including governments, parliaments, and the judiciary − to step up efforts to uphold and reinforce the rule of law. Read more
EU
Fundamental Rights
Rule of Law
Report
The European Crime Prevention Network: Preventing Individual Fraud in the EU
This report summarises the main findings on the phenomenon of individual fraud in the EU. It includes best practices for counteractions, and recommended prevention measures. Prevention of individual fraud was a focal topic of the Bulgarian Council Presidency in 2018 The report relates to the 13th toolbox of the European Crime Prevention Network (EUCPN). The EUCPN was set up by the Council of the European Union in 2001. It is the first point of contact for crime prevention in the EU.
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The European Crime Prevention Network: Preventing Individual Fraud in the EU
A Report on a New Toolbox
This report summarises the main findings on the phenomenon of individual fraud in the EU. It includes best practices for counteractions, and recommended prevention measures. Prevention of individual fraud was a focal topic of the Bulgarian Council Presidency in 2018 The report relates to the 13th toolbox of the European Crime Prevention Network (EUCPN). The EUCPN was set up by the Council of the European Union in 2001. It is the first point of contact for crime prevention in the EU.
Read more
Jorne Vanhee
US CLOUD Act: EU Wants Executive Agreement with the U.S.
The EU and the U.S. agreed that the U.S. will negotiate one "executive agreement" with the EU in the framework of the US CLOUD Act. The Commission and the Council are preparing the mandate in order to start the negotiations. Read more
EU
Law Enforcement Cooperation
Civil Society Organisations Voice Concerns over Council Plans on E-Evidence
Eighteen civil society organisations urged Member States to seriously reconsider its draft position on law enforcement access to “e-evidence” on the eve of the vote on the general approach in the Council. Read more
EU
Law Enforcement Cooperation
Council Pushes for E-Evidence Law, EP Applies the Brakes
On 7 December 2018, under the Austrian Presidency, the JHA Council agreed on its position on a proposal for a regulation on European production and preservation orders for e-evidence in criminal matters. Meanwhile, the European Parliament dampened expectations that it will finalise the legislation by the end of the parliamentary term in May 2019. Read more
EU
e-Evidence
Law Enforcement Cooperation
CJEU: Consequences of Failure to Refer to Additional Sentence in EAW
On 6 December 2018, the CJEU delivered its judgment in Case C-551/18 PPU, which concerns the execution of a European Arrest Warrant (EAW) issued against IK. The judgment mainly concerns the interpretation of Art. 8 FD EAW (entitled “content and form of an EAW”), but also Art. 15 (communication of supplementary information) and Art. 27 (rule on speciality). Read more
EU
European Arrest Warrant
CJEU: Surrender of Resident if Executing State Unable to Enforce Custodial Sentence
On 13 December 2018, the CJEU decided on a request for a preliminary ruling that concerned the interpretation of Art. 4 No. 6 FD EAW in conjunction with the divergent levels of sanctioning among the EU Member States.Facts of the CaseIn the case … Read more
EU
European Arrest Warrant
CJEU: Obligations of MS if Extradition Sought to Enforce Custodial Sentence for Union Citizens
The Korkein oikeus (Finnish Supreme Court) referred to the CJEU to know whether (and, if yes, how) the concept established in the CJEU's Petruhhin judgment not only applies to extraditions for the purpose of prosecution but also to those for the purpose of enforcing custodial sentences. The Grand Chamber of the CJEU delivered its judgment in this case (C-247/17 – Denis Raugevicius) on 13 November 2018. Read more
EU
Judicial Cooperation
Council Conclusions on Mutual Recognition
At their meeting of 7 December 2018, the EU Member States’ Ministers for Justice adopted Council conclusions on mutual recognition in criminal matters. The conclusions contain several calls on the Member States and the Commission. Read more
EU
Area of Freedom, Security and Justice
Judicial Cooperation
Spotlight Regulation on Freezing and Confiscation Orders
The European Parliament and the Council adopted a regulation on the mutual recognition of freezing orders and confiscation orders. The new legal framework (Regulation (EU) 2018/1805) was published in the Official Journal of the EU of 28 November 2018 (O.J. L 303/1). The Regulation replaces the provisions of Framework Decision 2003/577/JHA as regards the freezing of property and Framework Decision 2006/783/JHA as of 19 December 2020. Read more
EU
Freezing of Assets / Confiscation
FRA Handbook on Profiling
In December 2018, FRA published a handbook aiming to contribute to the prevention of unlawful profiling. Read more
Cornelia Riehle LL.M.
EU
Data Protection
The Awakening of EU Data Retention Rules
At the Council meeting of 6-7 December 2018, the JHA ministers of the EU Member States reiterated their support for EU-wide legislation on data retention. They encouraged the continuation of work at the expert level to develop a new concept after the 2006 "date retention Directive" was declared void by the CJEU in 2014. Read more
EU
Data Protection