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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
Thomas Wahl
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 … 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
Commission Proposes EU-Wide Rules on Whistleblowers‘ Protection
On 23 April 2018, the Commission presented a long-awaited legislative proposal on the protection of whistleblowers. The proposal for a “Directive on the protection of persons reporting on breaches of Union law” (COM(2018) 218 final) is accompanied by a Communication entitled “Strengthening whistleblower protection at EU level” (COM(2018) 214 final). Read more
EU
Victim Protection
Commission Proposes Better Access of Law Enforcement to Financial Information
On 17 April 2018, the Commission proposed another piece of legislation that supplements the current anti-money laundering legal framework. By means of a Directive, the Commission wishes to introduce uniform EU-wide rules, so that designated law enforcement authorities of the Member States can directly access centralized national bank account registries or data retrieval systems. Read more
EU
Money Laundering
Hungary: OLAF Investigations Lead to Prison Sentence Against EU Funds Fraudster
In February 2018, the director of a Hungarian company was convicted at first instance to three and a half years of imprisonment because he was held responsible for having managed a fraud scheme against EU funds. The case was originally investigated by OLAF; together with a so-called judicial recommendation, its findings were submitted to the Hungarian authorities in 2017. An indictment was filed in 2017. Read more
EU
OLAF
Package of Measures to Further Build Up Security Union
On 17 April 2018, the Commission proposed a series of measures, aimed at curbing security threats in the EU, under the overall title “Denying terrorists the means and space to act”. Read more
EU
Security Union
EU Citizens Called On to Debate on Future of EU “at 27”
On 9 May 2018, Europe Day, the European Commission launched an online public consultation on the future of Europe. The consultation includes 12 questions for all European citizens to utter their views on the direction the EU should take in the future. The online survey was prepared by a so-called “Citizens’ Panel” of 96 Europeans, which convened on 5-6 May 2018. The questions also include “justice” topics, such as security and migration. Read more
EU
Reform of the European Union
EDPS Opinion on International Agreements with Eight Third Countries
On 20 December 2017, by means of eight Recommendations, the Commission has sought to obtain authorisation from the Council to start negotiations with Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Tunisia and Turkey in order to conclude international agreements concerning the exchange of personal data between … Read more
Cornelia Riehle LL.M.
EU
Europol
Data Protection
FRA Opinion on Interoperability
On 11 April 2018, FRA published its Opinion on the implications of increased levels of interoperability for fundamental rights. It looked at the proposed Regulations on establishing a framework for interoperability between EU information systems (borders and visas) and on establishing a framework for interoperability between EU information systems (police and judicial cooperation, asylum, and migration). Read more
EU
Agency for Fundamental Rights (FRA)
Data Protection
CJEU: Extradition Justifiable Despite EU’s Prohibition of Discrimination
On 10 April 2018, the CJEU delivered a long-awaited judgment in a delicate legal question: whether the Union’s prohibition of discrimination on grounds of nationality (Art. 18 TFEU) affects national provisions that only ban the extradition of one’s Member States own nationals to third countries. In the affirmative, these national bans need to be extended to all Union citizens. Read more
EU
Judicial Cooperation