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EDPS Criticises Commission Interoperability Plans by ETIAS 
19 June 2019
Thomas Wahl Thomas Wahl
The European Data Protection Supervisor (EDPS) criticised the way the European Commission prepares the interconnection between the European Travel Information and Authorisation System (ETIAS) established in late 2018 (see eucrim 2/2018, 82/84) and the other four EU information systems, i.e., the SIS, ECRIS-TCN, VIS, … Read more
EU Data Protection
Retention of Telecommunications Data Continue to Be on the Text Bench 
19 June 2019 (updated 7 years, 1 month ago)
Thomas Wahl Thomas Wahl
After the Council launched a reflection process on the retention of telecommunications data, and after an exchange of views on the state of play and the way forward at the JHA Council meeting of 6-7 December 2018 (see eucrim 4/2018, 201), work continued on the … Read more
EU Data Protection
Collection of PNR Data Under Judicial Scrutiny in Germany 
17 June 2019
Thomas Wahl Thomas Wahl
The debate on the retention of passenger name records (PNR) data has gained new momentum in Germany. On 14 May 2019, the “Gesellschaft für Freiheitsrechte” (GFF) informed the public that it brought actions before the administrative court of Wiesbaden and other local civil law courts … Read more
EU Data Protection
CJEU: EU Law Does Not Govern the Procedure for Reviewing Pre-Trial Detention Decisions 
17 June 2019 (updated 6 years, 1 month ago)
Thomas Wahl Thomas Wahl
Directive 2016/343 on the strengthening of certain aspects of the presumption of innocence does not govern the rules on how to examine evidence for confirming or maintaining pre-trial detention. The CJEU reiterated this position as already stated in its judgment of 19 September 2018 in … Read more
EU Procedural Safeguards
AG: Italian Rules Restricting Negotiated Settlements in Line with EU Law 
17 June 2019 (updated 7 years, 1 month ago)
Thomas Wahl Thomas Wahl
Procedural rules of national law that limit the accused person’s possibility to request a negotiated penalty to the beginning of the trial are in conformity with EU law, according to the opinion of Advocate General (AG) Bobek in Case C-646/17 (criminal proceedings against Gianluca Moro … Read more
EU Procedural Safeguards
EDPS Comments on Terrorist Content Online Regulation 
17 June 2019
Thomas Wahl Thomas Wahl
On 12 February 2019, the European Data Supervisor (EDPS) tabled “formal comments” on the Commission proposal for a regulation on preventing the dissemination of terrorist content online (see eucrim 2/2018, 97-98 and the article by G. Robinson, eucrim 4/2018, p. 234).The … Read more
EU Racism and Xenophobia
EESC Opinion on Terrorist Content Online Regulation 
17 June 2019
Thomas Wahl Thomas Wahl
In an opinion published in the Official Journal C 110/67 of 22 March 2019, the European Economic and Social Committee (EESC) largely welcomed the initiative for a regulation on preventing the dissemination of terrorist content online (see eucrim 2/2018, 97-98 and the article by G. … Read more
EU Racism and Xenophobia
EP Adopts Position on Proposed Regulation of Terrorist Content Online 
17 June 2019
Thomas Wahl Thomas Wahl
The Commission proposal for a Regulation on preventing the dissemination of terrorist content online of September 2018 (see eucrim 2/2018, 97-98 and the article by G. Robinson, eucrim 4/2018, p. 234) underwent scrutiny by the Union legislators, i.e., the Council and the European … Read more
EU Racism and Xenophobia
ENISA Report on Cyberthreat Landscape 
17 June 2019 (updated 5 years, 9 months ago)
Thomas Wahl Thomas Wahl
The cyberthreat landscape changed significantly in 2018; the risk of becoming the victim of a cyberattack remains high. This is one of the main conclusions of the 2018 Threat Landscape Report by the European Union Agency for Network and Information Security (ENISA). The report … Read more
EU Cybercrime
ECA Dissatisfied with EU’s Cybersecurity Performance 
17 June 2019
Thomas Wahl Thomas Wahl
Multiple challenges exist to strengthen EU’s cybersecurity and its digital autonomy, and the EU needs to do more. This is the main outcome of a briefing paper by the European Court of Auditors (ECA) that was published on 19 March 2019. The briefing paper provides … Read more
EU Cybercrime
New Directive Criminalises Fraud and Counterfeiting of Non-Cash Means of Payment 
17 June 2019
Thomas Wahl Thomas Wahl
The European Parliament and the Council established new rules on combating fraud and the counterfeiting of non-cash means of payment. Directive 2019/713 was published in Official Journal L 123/18 of 10 May 2019. The Directive goes back to a Commission proposal of September 2017 (see … Read more
EU Non-Cash Means of Payment
Strengthening European Supervision on Anti-Money Laundering – EP and Council Agree 
17 June 2019
Thomas Wahl Thomas Wahl
In March 2019, the European Parliament and the Council reached a provisional agreement on the reform of European rules that aim to strengthen the mandates, governance, and financing of the European Supervisory Authorities (ESAs)by giving them. The reform will give the ESAsgreater responsibility for ensuring … Read more
EU Money Laundering
Directive on Better Law Enforcement Access to Financial Information on Way 
17 June 2019
Thomas Wahl Thomas Wahl
The Council and European Parliament went ahead with the Commission’s proposal for a directive laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences and repealing Council Decision 2000/642/JHA (COM(2018) 213, eucrim 1/2018, … Read more
EU Money Laundering
EDPS Opinion Combating VAT Fraud Related to E-Commerce 
17 June 2019
Thomas Wahl Thomas Wahl
On 14 March 2019, the European Data Protection Supervisor (EDPS) issued an opinionon a legislative initiative that aims at curbing VAT fraud in the area of e-commerce. The initiative was tabled by the Commission in December 2018 and consists of two proposals, one for … Read more
EU Protection of Financial Interests Tax Evasion
Spotlight Commission Presents New Anti-Fraud Strategy 
17 June 2019 (updated 5 years ago)
Thomas Wahl Thomas Wahl
More consistency, better coordination, and more data-driven anti-fraud measures – these are the main elements of the Commission’s new Anti-Fraud Strategy (CAFS) that was tabled on 29 April 2019 in the form of a Communication (COM(2019) 196 final). The CAFS is an internal policy … Read more
EU Protection of Financial Interests
Investment Fund Misuse in Romania 
17 June 2019
Thomas Wahl Thomas Wahl
On 9 April 2019, OLAF reported on a successful operation led by the Romanian National Anti-Corruption Directorate (DNA). With OLAF’s support, investigators revealed a kickback scheme being used by an organised criminal group that involved corruption, influence peddling, and money laundering. Losses in EU investment … Read more
EU European Court of Human Rights OLAF