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News found: 2337 of 2337
Commission Wants Mandate to Negotiate International Rules on E-Evidence
On 5 February 2019, the Commission presented two recommendations to the Council that would allow the Commission to negotiate international rules for obtaining electronic evidence. The first recommendation relates to a possible “executive agreement” with the U.S. within the framework of the U.S. CLOUD Act … Read more
Thomas Wahl
EU
Law Enforcement Cooperation
Spotlight Further Concerns of EP Against E-Evidence Legislative Proposal
The EP rapporteur in the LIBE committee responsible for the Commission proposal on law enforcement access to e-evidence, Birgit Sippel (S&D, Germany), voiced further criticism (see already eucrim 4/2018, 206). After a first working document (see ibid), Sippel and co-rapporteurs/shadow rapporteurs examined the following … Read more
EU
e-Evidence
Law Enforcement Cooperation
Council Conclusions on Customs Risk Management
At the meeting on 8 January 2019, the Council (General Affairs) approved conclusions on the Commission’s second progress report on the Implementation of the EU Strategy and Action Plan for Customs Risk Management. The Council, inter alia, welcomed the participation of customs … Read more
EU
Customs Cooperation
EP Study: Possible EU Action Against Misuse of Interpol Red Notice System
In February 2019, the European Parliament published a study that examined abuse by some states of Interpol’s notice system to persecute national human rights defenders, civil society activists, and critical journalists in violation of international standards of human rights. The study, entitled “Misuse of … Read more
EU
Police Cooperation
Debate on Home Affairs Progress
At the JHA Council meeting on 7 March 2019, the Home Affairs Ministers of the EU Member States discussed achievements made in the past five years in the area of home affairs and the challenges ahead. The debate must be seen in the context of … Read more
EU
Police Cooperation
CJEU: Executing MS May Impose Imprisonment for Non-Execution of Foreign Confiscation Order
Can a Member State apply a term of imprisonment pending payment in order to execute a confiscation order adopted in another EU Member State? This was the main question the CJEU dealt with in the case C-97/18 (“ET”). The Court’s judgment … Read more
EU
Freezing of Assets / Confiscation
Journalists Against Tiered Reporting Approach in Draft Whistleblowers Directive
On 17 January 2019 – on the eve of final deliberations in the Council that led to adoption of its general approach on the so-called whistleblower directive – the European Federation of Journalists (EFJ) re-published an open letter calling for robust protection of persons … Read more
EU
Victim Protection
Council Adopts Negotiating Position on Whistleblower Directive
On 25 January, the COREPER agreed to the Council’s general approach on the Commission’s proposal for a directive on the protection of persons reporting breaches of Union law (“the whistleblower Directive”, see eucrim 1/2018, p. 27 and G. Georgiadou, eucrim 3/2018, p. 166) … Read more
EU
Victim Protection
Report
"Freedom AND Security - Killing the zero sum process #kill0sum"
22-23 November 2018, The Hague Europol published the conference report of an inspiring, unconventional data protection conference that took place at Europol headquarters in autumn 2018.Speakers and participants came from different sectors all over the world, including practicing officials and lawyers, data protection … Read more
EU
Data Protection
Spotlight CJEU: Exclusion Rules on Unlawfully Obtained Evidence Precede Anti-Fraud Obligations
Do Art. 325 TFEU and the PIF Convention – read in the light of the principle of effective prosecution of VAT offences – restrict the applicability of national rules on the inadmissibility of evidence? This question was at the core of the CJEU’s judgment of … Read more
EU
Tax Evasion
Procedural Safeguards
Commission: Code of Conduct with IT Companies to Tackle Hate Speech is Evolving Positively
On 4 February 2019, the Commission presented its fourth evaluation of the Code of Conduct on Countering Illegal Hate Speech Online. The Code of Conduct was launched on 21 May 2016 to ensure that requests to remove racist and xenophobic Internet content are dealt quickly … Read more
EU
Racism and Xenophobia
DAV: Commission’s Plans to Remove Terrorist Content Online May Infringe Freedom of Expression
In January 2019, the German Bar Association (Deutscher Anwaltverein ˗ DAV) tabled a critical statement on the Commission’s proposal for a regulation on preventing the dissemination of terrorist content online (for the proposal, see eucrim 2/2018, pp. 97-98 and G. Robinson, eucrim 4/2018, pp. 234-240 … Read more
EU
Racism and Xenophobia
New Infringements Proceedings for Incorrect Transposition of 4th AML Directive
In January 2019, the Commission launched and went ahead with further infringement proceedings against EU Member States for not having correctly transposed the fourth Anti-Money-Laundering Directive. The infringement proceedings are in different stages. They concern Germany, Belgium, Finland, France, Lithuania, Portugal, Bulgaria, Cyprus, Poland, and … Read more
EU
Money Laundering
Council Opposes Commission’s AML Blacklisting of Third Countries
At the meeting of 7 March 2019, the JHA Council unanimously rejected a list of 23 “high-risk third countries”in the area of money laundering and terrorist financing. The list was put forward by the Commissionon 13 February 2019. The list aims to protect … Read more
EU
Money Laundering
EP Generally Supports Link Between Non-Respect of Rule of Law and Loss of EU Money
On 19 January 2019, the European Parliament adopted its position on the regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States. In essence, the EP backs the Commission’s idea in its … Read more
EU
Rule of Law
Protection of Financial Interests
ECA: Action Needed in the EU’s Fight against Fraud
In a special report of 10 January 2019,the European Court of Auditors (ECA) details weaknesses in the Commission’s fight against fraud in EU spending. According to the report, OLAF’s administrative investigations resulted in recovery of less than a third of unduly paid funds. Furthermore, … Read more
EU
Protection of Financial Interests