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European Court of Justice (ECJ) - The Year in Review
The Court of Justice of the EU published its annual review for the year 2017. The review summarises the Court’s activity from its judicial, institutional, andadministrative standpoints. Read more
Cornelia Riehle LL.M.
EU
European Court of Justice (ECJ)
Presidency: Priorities in the Area of Criminal Justice
From 1 July 2018 to 31 December 2018, Austria is holding the Presidency of the Council of the EU. Read more
EU
Agency for Fundamental Rights (FRA)
Report on Freedom of Movement and Related Rights
In August 2018, FRA published a report providing insight into how national courts approach the provisions relating to Union citizenship and freedom of movement. The report offers an EU-wide, comparative overview of the application of the Free Movement Directive (2004/38/EC) across all EU Member States, based on a review of select case law at the national level. Read more
EU
Fundamental Rights
Agency for Fundamental Rights (FRA)
Report on Eurosur Published
In September 2018, FRA published a report evaluating the impact of the European Border Surveillance System (Eurosur) Regulation on fundamental rights. Read more
EU
Fundamental Rights
Agency for Fundamental Rights (FRA)
Data Protection
Fundamental Rights Report 2018 Published
In June 2018, FRA published itsFundamental Rights Report 2018. The report looks at the major developments in the EU between January and December 2017 in 11 chapters. FRA’s opinions are given. Read more
Fundamental Rights
Agency for Fundamental Rights (FRA)
Programme of the Bulgarian Presidency
On 1 January 2018, the Bulgarian Presidency of the Council of the EU took up its work and published its programme. Its priorities in the area of criminal justice include the following:Institutionalisation and operationalisation of the European Public Prosecutor’s Office (EPPO) and the … Read more
EU
Lawyers Organisations: Rule-of-Law Violations Have Direct Impact on Judicial Cooperation
On the occasion of the reference for a preliminary ruling drafted by the Irish High Court, questioning recognition of a EAW issued by Poland because of the fundamental rights situation in the country, the Council of Bars and Law Societies in Europe (CCBE) and the Federation of European Bars (FBE) issued a joint statement on the rule of law and the principle of mutual recognition. Read more
Thomas Wahl
EU
Rule of Law
European Arrest Warrant
AG: Minor Offences Can also Justify Police Access to Retained Data
On 3 May 2018, Advocate General (AG) Henrik Saugmandsgaard Øe delivered a notable opinion on the scope of data protection in criminal law enforcement situations. According to the AG, Union law does not preclude investigative measures by which national authorities seek identification data from certain mobile phones held by electronic communication service providers, even if the criminal offense is not of a serious nature. Read more
EU
Data Protection
Data Protection Experts Give Critical Statement on Planned Interoperability
On 11 April 2018, the Article 29 Data Protection Working Party (WP29) adopted its opinion on the Commission proposals to establish a framework of interoperability between the EU information systems in the field of borders and visas and police and judicial cooperation, asylum and migration. The opinion must be seen in the context of other, nearly parallel statements issued by the EDPS and the EU’s Agency for Fundamental Rights. Read more
EU
Data Protection
EDPS Further Critical to Interoperability
On 16 April 2018, the EDPS presented his concerns on the recent Commission’s legislative proposals on establishing a framework to ensure interoperability between existing and future EU information systems. The EDPS’ contribution (Opinion 4/2018) follows up the reflection paper issued in November 2017, in which the EDPS already eyed the plans of the EU institutions on interoperability. Read more
EU
Data Protection
Commission Proposes Loss of EU Money if Rule of Law is Not Respected
On 2 May 2018, the Commission tabled its proposals for a new long-term EU budget, also referred to as Multiannual Financial Framework (“MFF”). The new framework would follow the current budget period that ends in 2020. The MFF would therefore cover the period from 2021 to 2027, and it especially takes into account the EU-27 after the withdrawal of the UK. Read more
EU
Rule of Law
Protection of Financial Interests
GC Clarifies Relationship between Union and National Law in OLAF External Investigations
On 3 May 2018, the General Court (GC) delivered an important judgment in which it clarified the relationship between Union law and national law when checks against economic operators are carried out by OLAF. The GC confirmed that checks are a matter of EU law, and national law is only relevant in cases of assistance by national authorities. Read more
EU
OLAF
Report
EPRS: Cost of Non-Europe in the Fight Against Terrorism
On 28 May 2018, the European Parliamentary Research Service (EPRS) published a report on the cost of non-Europe in the fight against terrorism. It continues the series of several cost- of- non-Europe reports increasingly covering the European criminal law field, such as the cost of non-Europe reports on organised crime and corruption, on procedural rights and detention conditions and on equality and the fight against racism and xenophobia. Read more
EU
Area of Freedom, Security and Justice
Brexit: Material for Discussions on Future Framework in JHA Area
The European Commission Task Force for the Preparation and Conduct of Negotiations with the United Kingdom under Article 50 TEU has already published documents on how the future framework of police and judicial cooperation in criminal matters could be shaped. These documents are available in … Read more
EU
Area of Freedom, Security and Justice
Brexit: Political Guidelines for EU’s Position in Negotiations
On 23 March 2018, the European Council adopted guidelines that set out the overall framework for the future relationship between the EU and the UK after Brexit. The European Council welcomes the draft Withdrawal Agreement presented by the Commission on 28 February 2018 and takes note of the European Parliament resolution of 14 March 2018 on the framework of the future EU-UK relationship. Read more
EU
Area of Freedom, Security and Justice
Commission Proposes Legislative Framework for E-Evidence
On 17 April 2018, the European Commission tabled legislative proposals that frame EU law allowing European law enforcement authorities to quickly and more efficiently secure and obtain electronic evidence (“e-evidence”). There was much debate in the run-up to the proposal, with calls for legislative action being uttered by the Council, on the one hand, and doubts by private companies and civil society organizations being voiced about the need for such action, on the other. Read more
EU
e-Evidence
Law Enforcement Cooperation