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Commission Proposes Legislative Framework for E-Evidence 
29 June 2018 (updated 5 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2018
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 
29 June 2018
Thomas Wahl Thomas Wahl
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 
29 June 2018
Thomas Wahl Thomas Wahl
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 
29 June 2018
Thomas Wahl Thomas Wahl
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 
29 June 2018 (updated 8 years, 2 months ago)
Thomas Wahl Thomas Wahl
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” 
29 June 2018
Thomas Wahl Thomas Wahl
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 
22 June 2018
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
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
EU Europol Data Protection
FRA Opinion on Interoperability 
22 June 2018
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
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 
22 June 2018 (updated 6 years, 6 months ago)
Thomas Wahl Thomas Wahl
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
Reference for Preliminary Ruling on Detention Conditions by Higher Regional Court of Hamburg 
22 June 2018
Thomas Wahl Thomas Wahl
Following the judgment of the Federal Constitutional Court blaming the Higher Regional Court of Hamburg for not having sufficiently taken into account a person’s right to a lawful judge, the Higher Regional Court of Hamburg lodged a reference for a preliminary ruling to the CJEU. Read more
EU European Arrest Warrant
Higher Regional Court of Bremen Submits “Aranyosi III” 
22 June 2018 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl
On 27 March 2018, the Higher Regional Court of Bremen/Germany, submitted a request to the CJEU seeking clarification of the CJEU’s case law on detention conditions as set out in the Aranyosi/Căldăraru case. Read more
EU European Arrest Warrant
German Court: Surrender of Catalan Leader Puigdemont Possible But No Serious Flight Risk 
22 June 2018 (updated 7 years, 10 months ago)
Thomas Wahl Thomas Wahl
The surrender of Carles Puigdemont, who promoted the independence of Catalonia from Spain, became a matter for German authorities. On 25 March 2018, while returning to Belgium from a trip to Finland, Puigdemont was apprehended north of Germany, near the border to Denmark. Read more
EU European Arrest Warrant
Commission Makes OLAF Fit as Partner of EPPO 
13 June 2018
Thomas Wahl Thomas Wahl
On 23 Mai 2018, the European Commission tabled a proposal to amend Regulation (EU, Euratom) 883/2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF). Read more
EU OLAF European Public Prosecutor's Office (EPPO)
Report
RENFORCE Researchers Conclude a Comprehensive Comparative Report on the OLAF Legal Framework on the Exchange of Information 
6 June 2018 (updated 1 year, 4 months ago)
Koen Bovend’Eerdt LL.M. Koen Bovend’Eerdt LL.M. / Prof. Dr. Michiel Luchtman Prof. Dr. Michiel Luchtman in Issue 1/2018
Under the auspices of the Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE), an international team of researchers has recently concluded a report entitled ‘Exchange of information with EU and national enforcement authorities: improving the OLAF legislative framework through a comparison with other EU authorities’. The project was co-funded under the Hercule III Programme of the European Commission/OLAF. Read more
First Case on Interpretation of EIO Brought Before CJEU 
6 June 2018
Thomas Wahl Thomas Wahl
The first preliminary ruling procedure on substantial matters of the Directive is currently pending at the CJEU. A Bulgarian court lodged the reference in May 2017. Read more
EU Court of Justice of the European Union (CJEU) European Investigation Order
State of Play of EIO Implementation 
6 June 2018
Thomas Wahl Thomas Wahl
After transposition by Cyprus and Poland, 20 of 26 EU Member States, which are bound by Directive 2014/41/EU regarding the European Investigation Order in criminal matters, are now able to use the new tool in the area of mutual legal assistance within the EU … Read more
EU European Investigation Order