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CCBE Makes Critical Statement on E-Evidence Proposal
On 19 October 2018, the CCBE delivered a critical viewpoint on the Commison’s proposal of April 2018 for a Regulation on European Production and Preservation Orders for electronic evidence in criminal matters. It further develops its critical position it issued in previous comments. Read more
Thomas Wahl
EU
Fundamental Rights
Law Enforcement Cooperation
Data Protection
EDPB Criticises E-Evidence Proposals
On 26 September 2018, the European Data Protection Board (EDPB) adopted a critical opinion regarding the Commission proposals on European Production and Preservation Orders for electronic evidence in criminal matters. Read more
EU
Law Enforcement Cooperation
Data Protection
Improved Cooperation Tool Benefits Fight Against VAT Fraud
New EU legislation was put in place to strengthen administrative cooperation in the field of VAT fraud. It will meet needs in order to combat cross-border VAT fraud more effectively and in a more timely manner. Read more
EU
Protection of Financial Interests
Tax Evasion
Law Enforcement Cooperation
ECA Criticizes Delays in Building Up Modernized Customs IT Systems
According to a report by the ECA, the implementation of the new IT systems for the Customs Union suffered a series of delays. As a result, some of the key systems will not be available by the envisaged 2020 deadline. The auditors caution that the rescheduled deadline is also at risk of not being met. Read more
EU
Customs Cooperation
Eurojust Updates Overview of CJEU’s Case Law on EAW
In November 2018, Eurojust issued an update of its overview of the case law of the CJEU with regard to the application of Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and surrender procedures between Member States (FD EAW). Read more
European Arrest Warrant
Fair Trial Violation: Amsterdam Court Refuses Surrender to Poland
On 5 October 2018, the Internet news channel “DutchNews.nl” reported that the Amsterdam District Court stopped surrender of a Polish national to Poland (for the time being) because of “major doubts about the independence of the Polish judiciary.” Read more
EU
European Arrest Warrant
German Bar Association Makes Critical Statement on Whistleblower Draft Directive
In November 2018, the German Bar Association (DAV) tabled a position paper on the Commission proposal for a directive on the protection of whistleblowers. The DAV welcomed the introduction of EU-wide minimum rules for persons reporting breaches of Union law, but also sees room for improvement. Read more
EU
Victim Protection
Trade Union Organisation Calls For Robust Whistleblower Directive
On 19 November 2018, EUROCADRES – the trade union organisation representing professionals and managers – termed the Commission initiative on the protection of whistleblowers (COM(2018) 218 final) a “surprisingly good start.” Read more
EU
Victim Protection
EESC Opinion on Whistleblower Directive
On 18 October 2018, the Economic and Social Committee (EESC) adopted an opinion on the Commission’s plans to strengthen the protection of whistleblowers at the EU level. The EESC mainly concludes that whistleblower protection is an important tool to help companies address unlawful and unethical acts. It calls on the Commission to review the legal basis for the planned directive. Read more
EU
Victim Protection
ECA Issues Statement on Planned Whistleblower Directive
The ECA examined the Commission proposal for a directive on the protection of whistleblowers. It generally welcomes the legislative initiative, but believes that the Directive could become too complex and possibly ineffective in some points. Read more
EU
Victim Protection
EP Committee Vote on Whistleblower Directive
On 20 November 2018, MEPs from the Legal Affairs Committee (JURI) adopted their position on the Commission proposal for a directive on the protection of whistleblowers (COM(2018) 218 final). Read more
EU
Victim Protection
EP Takes Position on Interoperability Legal Framework
On 24 October 2018, the plenary of the European Parliament backed the position of the LIBE Committee regarding legislative proposals on the interoperability between EU information systems in the area of justice and home affairs. EP negotiators have now green light to enter into informal talks with the Council and the Commission. Read more
EU
Data Protection
Spotlight CJEU Backs Police Access to Retained Data in Minor Offences
On 2 October 2018, the CJEU delivered another important judgment on data protection and on access by public authorities to retained provider data. The CJEU concluded that law enforcement authorities can also access personal data retained by providers of electronic communications in cases of criminal offences that are not particularly serious. It is a pre-condition, however, that access does not constitute a serous infringement of privacy. Read more
EU
Fundamental Rights
Court of Justice of the European Union (CJEU)
Data Protection
CJEU: EU Directive Does Not Cover Procedure For Reviewing the Lawfulness of Pre-Trial Detention
On 19 September 2018, the CJEU rendered a judgment on the interpretation of Directive (EU) 2016/343 on the presumption of innocence and Arts. 47 and 48 CFR (Case C-310/18 PPU – Emil Milev). Read more
EU
Procedural Safeguards
EU Cybersecurity Organisations Agree on Roadmap
On 6 November 2018, Europol, the European Union Agency for Network and Information Security (ENISA), the European Defence Agency (EDA), and the Computer Emergency Response Team for the EU Institutions agreed on a roadmap outlining activities and projects for their cooperation in 2019 in … Read more
Cornelia Riehle LL.M.
EU
Cybercrime
2018 Internet Organised Crime Threat Assessment Published
Europol published its fifth Internet Organised Crime Threat Assessment (IOCTA), which gives a comprehensive overview of current and future threats and identifies trends in crime conducted and/or facilitated online.The 2018 IOCTA looks at the threats and trends with regard to four crime … Read more
EU
Europol
Cybercrime