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Manipulated Tennis Competitions
19 April 2019
Cornelia Riehle LL.M.
At the beginning of January 2019, an operation against an organised criminal group suspected of manipulating professional tennis competitions led to the arrest of 83 suspects, 28 of them professional players. Professional players had been bribed to guarantee predetermined results. Members of the OCG then …
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EU
Europol
EMPACT 2018 Results and 2019 Operational Action Plan on Financial Crime
19 April 2019
Cornelia Riehle LL.M.
In December 2018, the European multidisciplinary platform against criminal threats (EMPACT) published its results for the year 2018, stating that 1026 investigations had been initiated with over €1.4 million seized in cash during the EMPACT Joint Action days. Furthermore, 1137 suspects were arrested and …
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EU
Europol
Organised Crime
Commission Wants Mandate to Negotiate International Rules on E-Evidence
19 April 2019
Thomas Wahl
On 5 February 2019, the Commission presented two recommendations to the Council that would allow the Commission to negotiate international rules for obtaining electronic evidence. The first recommendation relates to a possible “executive agreement” with the U.S. within the framework of the U.S. CLOUD Act …
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EU
Law Enforcement Cooperation
Spotlight
Further Concerns of EP Against E-Evidence Legislative Proposal
19 April 2019
(updated 4 years ago)
Thomas Wahl
The EP rapporteur in the LIBE committee responsible for the Commission proposal on law enforcement access to e-evidence, Birgit Sippel (S&D, Germany), voiced further criticism (see already eucrim 4/2018, 206). After a first working document (see ibid), Sippel and co-rapporteurs/shadow rapporteurs examined the following …
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EU
e-Evidence
Law Enforcement Cooperation
Council Conclusions on Customs Risk Management
19 April 2019
Thomas Wahl
At the meeting on 8 January 2019, the Council (General Affairs) approved conclusions on the Commission’s second progress report on the Implementation of the EU Strategy and Action Plan for Customs Risk Management. The Council, inter alia, welcomed the participation of customs …
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EU
Customs Cooperation
EP Study: Possible EU Action Against Misuse of Interpol Red Notice System
19 April 2019
Thomas Wahl
In February 2019, the European Parliament published a study that examined abuse by some states of Interpol’s notice system to persecute national human rights defenders, civil society activists, and critical journalists in violation of international standards of human rights. The study, entitled “Misuse of …
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EU
Police Cooperation
Debate on Home Affairs Progress
19 April 2019
Thomas Wahl
At the JHA Council meeting on 7 March 2019, the Home Affairs Ministers of the EU Member States discussed achievements made in the past five years in the area of home affairs and the challenges ahead. The debate must be seen in the context of …
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EU
Police Cooperation
CJEU: Executing MS May Impose Imprisonment for Non-Execution of Foreign Confiscation Order
19 April 2019
Thomas Wahl
Can a Member State apply a term of imprisonment pending payment in order to execute a confiscation order adopted in another EU Member State? This was the main question the CJEU dealt with in the case C-97/18 (“ET”). The Court’s judgment …
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EU
Freezing of Assets / Confiscation
Journalists Against Tiered Reporting Approach in Draft Whistleblowers Directive
19 April 2019
Thomas Wahl
On 17 January 2019 – on the eve of final deliberations in the Council that led to adoption of its general approach on the so-called whistleblower directive – the European Federation of Journalists (EFJ) re-published an open letter calling for robust protection of persons …
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EU
Victim Protection
Council Adopts Negotiating Position on Whistleblower Directive
19 April 2019
Thomas Wahl
On 25 January, the COREPER agreed to the Council’s general approach on the Commission’s proposal for a directive on the protection of persons reporting breaches of Union law (“the whistleblower Directive”, see eucrim 1/2018, p. 27 and G. Georgiadou, eucrim 3/2018, p. 166) …
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EU
Victim Protection
Report
"Freedom AND Security - Killing the zero sum process #kill0sum"
19 April 2019
Thomas Wahl
22-23 November 2018, The Hague Europol published the conference report of an inspiring, unconventional data protection conference that took place at Europol headquarters in autumn 2018.Speakers and participants came from different sectors all over the world, including practicing officials and lawyers, data protection …
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EU
Data Protection
Spotlight
CJEU: Exclusion Rules on Unlawfully Obtained Evidence Precede Anti-Fraud Obligations
19 April 2019
(updated 7 years, 5 months ago)
Thomas Wahl
Do Art. 325 TFEU and the PIF Convention – read in the light of the principle of effective prosecution of VAT offences – restrict the applicability of national rules on the inadmissibility of evidence? This question was at the core of the CJEU’s judgment of …
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EU
Tax Evasion
Procedural Safeguards
Commission: Code of Conduct with IT Companies to Tackle Hate Speech is Evolving Positively
19 April 2019
Thomas Wahl
On 4 February 2019, the Commission presented its fourth evaluation of the Code of Conduct on Countering Illegal Hate Speech Online. The Code of Conduct was launched on 21 May 2016 to ensure that requests to remove racist and xenophobic Internet content are dealt quickly …
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EU
Racism and Xenophobia
DAV: Commission’s Plans to Remove Terrorist Content Online May Infringe Freedom of Expression
19 April 2019
Thomas Wahl
In January 2019, the German Bar Association (Deutscher Anwaltverein ˗ DAV) tabled a critical statement on the Commission’s proposal for a regulation on preventing the dissemination of terrorist content online (for the proposal, see eucrim 2/2018, pp. 97-98 and G. Robinson, eucrim 4/2018, pp. 234-240 …
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EU
Racism and Xenophobia
New Infringements Proceedings for Incorrect Transposition of 4th AML Directive
19 April 2019
Thomas Wahl
In January 2019, the Commission launched and went ahead with further infringement proceedings against EU Member States for not having correctly transposed the fourth Anti-Money-Laundering Directive. The infringement proceedings are in different stages. They concern Germany, Belgium, Finland, France, Lithuania, Portugal, Bulgaria, Cyprus, Poland, and …
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EU
Money Laundering
Council Opposes Commission’s AML Blacklisting of Third Countries
19 April 2019
Thomas Wahl
At the meeting of 7 March 2019, the JHA Council unanimously rejected a list of 23 “high-risk third countries”in the area of money laundering and terrorist financing. The list was put forward by the Commissionon 13 February 2019. The list aims to protect …
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EU
Money Laundering
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