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2,732 results

First CJEU Judgment on European Investigation Order 
12 January 2020 (updated 6 years, 9 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, 9 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, 10 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, 9 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, 9 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, 7 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, 9 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
Security Union: Commission Wants Mandate for EU-Japan PNR Agreement 
12 January 2020
Thomas Wahl Thomas Wahl
During the EU-Asia Connectivity Forum held in Brussels on 27 September 2019, Commission President Jean-Claude Juncker announced that the Commission recommended that the Council give green light to open negotiations with Japan on the transfer of Passenger Name Records (PNR). PNR are travel information data … Read more
EU Terrorism Data Protection
CJEU: Scope of EU’s Procedural Rights Directives in Procedures Ordering Committal to Psychiatric Hospital 
12 January 2020
Thomas Wahl Thomas Wahl
On 19 September 2019, the CJEU delivered a judgment dealing with the applicability and interpretation of the procedural rights directives in a situation where the judicial authorities of a Member State ordered a person be committed to a psychiatric hospital. The case (C-467/18 − … Read more
EU Court of Justice of the European Union (CJEU) Procedural Safeguards
Spotlight FRA Report on Information about Defence Rights and Rights to Access to a Lawyer 
12 January 2020
Thomas Wahl Thomas Wahl
Full access to justice is not guaranteed, at least not in an equal way, because defendants are often poorly informed or access to legal assistance is inadequate. This is one of the main results of a report issued by the European Union Agency for Fundamental … Read more
EU European Arrest Warrant Procedural Safeguards
Commission Implementation Report on Access to Lawyer Directive 
12 January 2020 (updated 6 years, 9 months ago)
Thomas Wahl Thomas Wahl
On 27 September 2019, the European Commission published its implementation report on Directive 2013/48/EU on the right of access to a lawyer. The Directive is one of the six EU procedural rights directives that aim to harmonise safeguards of suspected or accused persons in criminal … Read more
EU Procedural Safeguards
Regulation on Removal of Internet Content Promoting Terrorism – State of Play 
12 January 2020 (updated 6 years, 9 months ago)
Thomas Wahl Thomas Wahl
On 24 September 2019, the European Parliament’s LIBE committee backed the position, as agreed by the plenary before May’s European elections, on the proposed Regulation seeking prevention of the dissemination of online content promoting terrorism (for the EP’s resolution of 17 April 2019, see … Read more
EU Racism and Xenophobia
EP: Plans to Set up a Subcommittee on Tax and Financial Crime 
12 January 2020
Thomas Wahl Thomas Wahl
In September 2019, the coordinators of the Economic and Monetary Affairs Committee (ECON) in the European Parliament officially decided to create a permanent subcommittee on tax and financial crime. The initiative was mainly propelled by the Greens/EFL Group, which feels that the new subcommittee is … Read more
EU Protection of Financial Interests Tax Evasion
Commission: Benefits of Administrative Cooperation in Direct Taxation Unclear 
12 January 2020
Thomas Wahl Thomas Wahl
On 12 September 2019, the Commission presented its first evaluation report on Directive 2011/16/EU regarding administrative cooperation in the field of taxation. The Directive lays down rules and procedures for the cross-border exchange of tax information between the national tax administrations. The Directive has been … Read more
EU Protection of Financial Interests Tax Evasion
Spotlight ESAs Concerned about ML/TF Monitoring and Reporting 
12 January 2020 (updated 6 years, 10 months ago)
Thomas Wahl Thomas Wahl
On 4 October 2019, the European Supervisory Authorities (ESAs) published their second joint opinion on the risks of money laundering (ML) and terrorist financing (TF) affecting the European Union’s (EU) financial sector. The opinion is based on Art. 6(5) of Directive (EU) 2015/849, the … Read more
EU Money Laundering Protection of Financial Interests