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Report
AWARE: Seminar on the European Arrest Warrant and Conditions of Detention  Bremen/Germany, 24-26 October 2019
28 January 2020 (updated 5 years, 2 months ago)
Rhianon Williams Rhianon Williams in Issue 4/2019
The three-day seminar brought together 38 European judicial and legal practitioners and academics from eight EU Member States looking at use of the European Arrest Warrant. It is part of a series of seminars to be continued in Bucharest/Romania and Lisbon/Portugal in 2020. The aim of EAW AWARE is to support, discuss, and build mutual trust and recognition of decisions between neighbouring European judiciaries and to promote consistent use of the EAW tool by European bodies. Read more
EU Fundamental Rights European Arrest Warrant Judicial Cooperation
Report
The 2019 Annual Conference on International Extradition and the European Arrest Warrant  Lake Iseo, Italy, 24-25 June 2019
24 January 2020
Prof. Dr. Stefano Maffei Prof. Dr. Stefano Maffei
Legal experts met in Sarnico/Italy for the fourth edition of the international conference to brainstorm on current developments in extradition law and the practice of the European Arrest Warrant (EAW). This report summarises the presentations and looks at the Vth edition to be held in June 2020. Read more
European Arrest Warrant Judicial Cooperation
EDPS Opinion on E-Evidence Proposal 
12 January 2020 (updated 6 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 6 November 2019, the European Data Protection Supervisor (EDPS) issued his opinion on the new EU legal framework for gathering e-evidence in cross-border cases (for the Commission proposal, see eucrim 1/2018, pp. 35-36).The EDPS endorses the objective of ensuring quick and effective … Read more
EU e-Evidence Law Enforcement Cooperation
EP Report on EU E-Evidence Legislation Advocates Strengthened Safeguards 
12 January 2020
Thomas Wahl Thomas Wahl
After the EP elections, the EP Conference of Presidents decided in October 2019 that work should resume on the EU e-evidence rules. The e-evidence package consists of two proposals tabled by the European Commission in April 2018 (see eucrim 1/2018, pp. 35-36): a Regulation on … Read more
EU e-Evidence Law Enforcement Cooperation
NGOs Urge U.S. Congress to Oppose US-UK CLOUD Act Agreement 
12 January 2020 (updated 3 years, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2019
On 29 October 2019, twenty privacy, civil liberties, and human rights organizations jointly addressed U.S. Congress committee chairmen to stop the US-UK CLOUD Act Executive Agreement signed on 3 October 2019. It will allow direct access by the party’s law enforcement bodies to personal data … Read more
EU Law Enforcement Cooperation Data Protection
MEPs Critical of EU-US E-Evidence Negotiations 
12 January 2020 (updated 6 years, 8 months ago)
Thomas Wahl Thomas Wahl
At a hearing on 7 November 2019 at the EP’s LIBE Committee, MEPs called for meeting EU data protection standards within the framework of possible future data exchanges by means of the U.S. CLOUD Act. The CLOUD Act allows U.S. law enforcement authorities to request … Read more
EU E-Justice Law Enforcement Cooperation
US and UK Sign Bilateral E-Evidence Agreement 
12 January 2020 (updated 3 years, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2019
On 3 October 2019, the United States and the United Kingdom signed the first agreement allowing the other party’s law enforcement authorities, when armed with appropriate court authorisation, to go directly to tech companies based in the other country to access electronic data in order … Read more
EU e-Evidence Law Enforcement Cooperation
E-Evidence: Start of Negotiations on EU-US Agreement 
12 January 2020 (updated 3 years, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2019
On 26 September 2019, the European Commission announced the start of formal negotiations with the United States Department of Justice on an EU-US agreement to facilitate access to electronic evidence in criminal investigations. Both parties reaffirmed their intention to conclude an agreement as quickly as … Read more
EU Court of Justice of the European Union (CJEU) e-Evidence Law Enforcement Cooperation
First CJEU Judgment on European Investigation Order 
12 January 2020 (updated 6 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 24 October 2019, the CJEU delivered its first judgment interpreting Directive 2014/41/EU regarding the European Investigation Order in criminal matters (Case C-324/17 – Ivan Gazanozov). The case at issue dealt with the particularity of Bulgarian law that does not provide for any … Read more
EU Court of Justice of the European Union (CJEU) European Investigation Order
Statistics on Use of EAW in 2017 
12 January 2020
Thomas Wahl Thomas Wahl
On 28 August 2019, the Commission published statistical data on use of the European Arrest Warrant in 2017. The document, officially entitled “Replies to questionnaire on quantitative information on the practical operation of the European arrest warrant –Year 2017,” compiles data from the … Read more
EU European Arrest Warrant
CJEU: EAWs Issued from Austrian Public Prosecutor’s Office Valid 
12 January 2020 (updated 6 years, 8 months ago)
Thomas Wahl Thomas Wahl
After the CJEU decided on 27 May 2019 that the German public prosecution offices lack independence to issue European Arrest Warrants (see joined cases C-508/18 (O.G.) & C-82/19 PPU (P.I.), eucrim 1/2019, pp. 31-33), the CJEU came to a different result as regards the Austrian … Read more
EU European Arrest Warrant
Spotlight CJEU: Executing Judicial Authority Must Make Precise Assessment of Detention Conditions 
12 January 2020 (updated 2 years, 9 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2019
On 15 October 2019, the CJEU (Grand Chamber) further clarified its case law as to the conditions under which the surrender of a person sought by a EAW can be refused because standards of detention in the issuing state infringe the prohibition of inhuman or … Read more
EU Court of Justice of the European Union (CJEU) European Arrest Warrant
Entry into Force of Surrender Agreement Between European Union and Norway/Iceland 
12 January 2020 (updated 6 years, 8 months ago)
Christine Götz Christine Götz
On 28 June 2006, the European Union, the Republic of Iceland, and the Kingdom of Norway entered into an agreement on the surrender procedure between the Member States of the European Union and Iceland and Norway. The agreement aims at improving the surrender procedure for … Read more
EU Judicial Cooperation
CJEU: Victims of Crime Can Be Re-Examined if Judge’s Bench Changed 
12 January 2020 (updated 6 years, 8 months ago)
Thomas Wahl Thomas Wahl
By judgment of 29 July 2019, the CJEU shared the opinion of Advocate General Yves Bot in case C-38/18 (criminal proceedings against Massimo Gambino and Shpetim Hyka), namely that Arts. 16 and 18 of Directive 2012/29/EU establishing minimum standards on the rights, … Read more
EU Victim Protection
Federal Administrative Court Refers German Data Retention Law to European Court of Justice 
12 January 2020 (updated 5 years, 6 months ago)
Christine Götz Christine Götz in Issue 3/2019
On 25 September 2019, the German Federal Administrative Court (Bundesverwaltungsgericht) decided to refer to the European Court of Justice in order to clarify whether the German data retention law is compatible with Union law.The German Federal Administrative Court now has to decide … Read more
EU Court of Justice of the European Union (CJEU) Data Protection
EU Governments Look into Future of Interoperability 
12 January 2020 (updated 6 years, 8 months ago)
Thomas Wahl Thomas Wahl
After having agreed on the legal framework of the interoperability of EU Information Systems designed for border/migration control and police/judicial cooperation (see eucrim 2/2019, p. 103), delegations from the Member States’ governments are now discussing further extensions. The Finnish Council Presidency continued discussions that … Read more
EU Judicial Cooperation Police Cooperation Data Protection