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Death of Advocate General Yves Bot
Advocate General Yves Bot passed away on 9 June 2019. He served as Public Prosecutor at the Regional Court of Paris and later as Principal State Prosecutor at the Court of Appeal of Paris. He had been Advocate General at the CJEU since 7 … Read more
Cornelia Riehle LL.M.
EU
European Court of Justice (ECJ)
Judge Egils Levits Resigns
Egils Levits resigned as Judge at the Court of Justice of the EU following his election as President of the Republic of Latvia on 29 May 2019. He had served as Judge at the CJEU since 11 May 2004. Read more
EU
European Court of Justice (ECJ)
Finnish Presidency Programme
On 1 July 2019, Finland took over the Presidency of the Council of the European Union. In its programme, the Finnish Presidency underlines the need to comprehensively protect the security of EU citizens through, inter alia, cooperation in security and defence. The key … Read more
EU
Council
Spotlight Commission Presents New Concept to Strengthen Rule of Law
On 17 July 2019, the European Commission adopted a set of actions to further strengthen the rule of law in Europe. Key aspects are increased awareness, an annual monitoring cycle, and more effective enforcement. Read more
Thomas Wahl
EU
Fundamental Rights
Rule of Law
Report
Europäisches Strafrecht nach der österreichischen Ratspräsidentschaft Konferenz der Österreichischen Vereinigung für Europäisches Strafrecht
On 7 March 2019, the Austrian Association of European Criminal Law together with the Vienna University of Economics and Business and the Federal Justice Ministry organized a one-day conference on European Criminal law after the 2018 Austrian Council Presidency. The event raised great interest by many scholars and practitioners and covered three main topics. Read more
EU
Area of Freedom, Security and Justice
Judicial Cooperation
Law Enforcement Cooperation
Report
Report on the HERCULE III Project “Criminal law protection of the financial interests of the EU” of the University of Miskolc, Faculty of Law
The general objective of the project was to protect the EU's financial interests and to prevent and combat fraud, corruption, and other illicit activities. In this context, the project focused on new practical challenges, e.g. cybercrime. One of the main events was the Winter Academy “Current questions and answers relating to the criminal law protection of the financial interests of the European Union” from 14–16 February 2019 at the Hungarian Judicial Academy. Read more
EU
Corruption
Cybercrime
Money Laundering
Protection of Financial Interests
Who Will Recover Jeffrey Epstein’s Assets?
With the death of American financier Jeffrey Epstein on 10 August 2019, who faced federal charges for sex trafficking, the Government’s criminal case against him comes to an end and so does the effort to recover his assets and distribute them to the victims as … Read more
Stefan D. Cassella
Freezing of Assets / Confiscation
NGO Sees Lack of Key Safeguards in Planned E-Evidence Legislation
The plans to establish new rules that enable law enforcement authorities to directly seek the preservation and production of electronically stored data held by private service providers (the “e-evidence proposals”, see eucrim 1/2018, 35-36) face further criticism from civil stakeholders. In February 2019, Fair … Read more
EU
Law Enforcement Cooperation
CCBE Assesses U.S. CLOUD Act
The Council of Bars and Law Societies in Europe (CCBE) scrutinised the U.S. CLOUD Act. It allows U.S. federal law enforcement to compel U.S.-based technology companies to provide requested data stored on servers via warrant or subpoena − regardless of whether the data are stored … Read more
EU
Law Enforcement Cooperation
CCBE Makes Recommendations on Future E-Evidence Scheme
On 28 February 2019, the Council of Bars and Law Societies in Europe (CCBE) eyed recent developments at the EU and international levels to establish legal frameworks for cross-border access of law enforcement authorities to electronic evidence. The CCBE made several recommendations (available in English … Read more
EU
Law Enforcement Cooperation
Council Takes Position on Role of Legal Representatives in E-Evidence Cases
The European Parliament signalled that it is not eager to enter into trilogue negotiations on the proposed European Production and Preservation Orders for electronic evidence in criminal matters before the end of the parliamentary term in May 2019. The Council, however, went ahead with the … Read more
EU
Law Enforcement Cooperation
EDPS Gives Advice on Commission Mandate for EU-US E-Evidence Agreement
On 2 April 2019, the European Data Protection Supervisor (EDPS) issued anopinion on the Commission’s plans to obtain a mandate from the Council to enter into negotiations with the USA over an agreement on cross-border access to electronic evidence for judicial cooperation in criminal … Read more
EU
Law Enforcement Cooperation
Lithuanian Prosecutor General Included in the Concept of “Judicial Authority” in the FD EAW
The Prosecutor General of Lithuania can be considered a “judicial authority” that can issue European Arrest Warrants, under the condition that his/her decisions are subject to court proceedings fully meeting the requirements inherent to effective judicial protection. It is up to the referring court to … Read more
EU
European Arrest Warrant
Spotlight CJEU: German Public Prosecution Office is not a “Judicial Authority” in the EAW Context
German public prosecution offices may no longer issue European Arrest Warrants. With this thunderbolt, the CJEU (Grand Chamber) answered two references for a preliminary ruling from Irish courts.BackgroundIn the Joined Cases C-508/18 (OG) and C-82/19 PPU (PI), the … Read more
EU
European Arrest Warrant
AG: New Examination of Victim of Crime Possible if Judges‘ Bench Changed
Victims of crime may give evidence before the criminal court again if it has a new composition. This is the main conclusion of Advocate General Yves Botin his opinion of 14 March 2019 in case C-38/18 (criminal proceedings against Massimo Gambino and Shpetim … Read more
EU
Victim Protection
Special Advisor Recommends New Strategy for EU Victims’ Rights
Victims still face many difficulties when accessing justice and compensation. The difficulties are often due to a lack of information, insufficient support, and overly restrictive eligibility criteria or procedural hurdles. For persons who become victims of crime when travelling to another EU country, it can … Read more
EU
Victim Protection