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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
Thomas Wahl
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
EP and Council Agree on Directive Protecting Whistleblowers
The European Parliament and the Council reached a compromise on new EU legislation as regards the protection of whistleblowers. The initiative for a directive that aims to lay down uniform minimum standards for the protection of persons who report unlawful activities or abuse of EU … Read more
EU
Victim Protection
EDPS Criticises Commission Interoperability Plans by ETIAS
The European Data Protection Supervisor (EDPS) criticised the way the European Commission prepares the interconnection between the European Travel Information and Authorisation System (ETIAS) established in late 2018 (see eucrim 2/2018, 82/84) and the other four EU information systems, i.e., the SIS, ECRIS-TCN, VIS, … Read more
EU
Data Protection
Retention of Telecommunications Data Continue to Be on the Text Bench
After the Council launched a reflection process on the retention of telecommunications data, and after an exchange of views on the state of play and the way forward at the JHA Council meeting of 6-7 December 2018 (see eucrim 4/2018, 201), work continued on the … Read more
EU
Data Protection
Collection of PNR Data Under Judicial Scrutiny in Germany
The debate on the retention of passenger name records (PNR) data has gained new momentum in Germany. On 14 May 2019, the “Gesellschaft für Freiheitsrechte” (GFF) informed the public that it brought actions before the administrative court of Wiesbaden and other local civil law courts … Read more
EU
Data Protection
CJEU: EU Law Does Not Govern the Procedure for Reviewing Pre-Trial Detention Decisions
Directive 2016/343 on the strengthening of certain aspects of the presumption of innocence does not govern the rules on how to examine evidence for confirming or maintaining pre-trial detention. The CJEU reiterated this position as already stated in its judgment of 19 September 2018 in … Read more
EU
Procedural Safeguards
AG: Italian Rules Restricting Negotiated Settlements in Line with EU Law
Procedural rules of national law that limit the accused person’s possibility to request a negotiated penalty to the beginning of the trial are in conformity with EU law, according to the opinion of Advocate General (AG) Bobek in Case C-646/17 (criminal proceedings against Gianluca Moro … Read more
EU
Procedural Safeguards
EDPS Comments on Terrorist Content Online Regulation
On 12 February 2019, the European Data Supervisor (EDPS) tabled “formal comments” on the Commission proposal for a regulation on preventing the dissemination of terrorist content online (see eucrim 2/2018, 97-98 and the article by G. Robinson, eucrim 4/2018, p. 234).The … Read more
EU
Racism and Xenophobia
EESC Opinion on Terrorist Content Online Regulation
In an opinion published in the Official Journal C 110/67 of 22 March 2019, the European Economic and Social Committee (EESC) largely welcomed the initiative for a regulation on preventing the dissemination of terrorist content online (see eucrim 2/2018, 97-98 and the article by G. … Read more
EU
Racism and Xenophobia
EP Adopts Position on Proposed Regulation of Terrorist Content Online
The Commission proposal for a Regulation on preventing the dissemination of terrorist content online of September 2018 (see eucrim 2/2018, 97-98 and the article by G. Robinson, eucrim 4/2018, p. 234) underwent scrutiny by the Union legislators, i.e., the Council and the European … Read more
EU
Racism and Xenophobia
ENISA Report on Cyberthreat Landscape
The cyberthreat landscape changed significantly in 2018; the risk of becoming the victim of a cyberattack remains high. This is one of the main conclusions of the 2018 Threat Landscape Report by the European Union Agency for Network and Information Security (ENISA). The report … Read more
EU
Cybercrime
ECA Dissatisfied with EU’s Cybersecurity Performance
Multiple challenges exist to strengthen EU’s cybersecurity and its digital autonomy, and the EU needs to do more. This is the main outcome of a briefing paper by the European Court of Auditors (ECA) that was published on 19 March 2019. The briefing paper provides … Read more
EU
Cybercrime
New Directive Criminalises Fraud and Counterfeiting of Non-Cash Means of Payment
The European Parliament and the Council established new rules on combating fraud and the counterfeiting of non-cash means of payment. Directive 2019/713 was published in Official Journal L 123/18 of 10 May 2019. The Directive goes back to a Commission proposal of September 2017 (see … Read more
EU
Non-Cash Means of Payment
Strengthening European Supervision on Anti-Money Laundering – EP and Council Agree
In March 2019, the European Parliament and the Council reached a provisional agreement on the reform of European rules that aim to strengthen the mandates, governance, and financing of the European Supervisory Authorities (ESAs)by giving them. The reform will give the ESAsgreater responsibility for ensuring … Read more
EU
Money Laundering
Directive on Better Law Enforcement Access to Financial Information on Way
The Council and European Parliament went ahead with the Commission’s proposal for a directive laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences and repealing Council Decision 2000/642/JHA (COM(2018) 213, eucrim 1/2018, … Read more
EU
Money Laundering