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Spotlight E-evidence Regulation and Directive Published
After five years of negotiations, the Council and the European Parliament (EP) finally adopted the legislative acts that will introduce a new system for the gathering of electronic evidence in criminal proceedings in the EU. This Spotlight provides a summary of the key features of the new legal framework, in particular as regards the obligations for and rights of the main actors. Read more
Thomas Wahl
EU
e-Evidence
Law Enforcement Cooperation
Working Arrangement between EPPO and French FIU
On 26 October 2023, the EPPO and the Financial Intelligence Unit (FIU) of France (Tracfin) signed a working arrangement (WA). The WA establishes a structured and organisational framework for the cooperation between the two bodies. In particular, the WA aims to facilitate the exchange of … Read more
EU
European Public Prosectutor's Office (EPPO)
EDPB/EDPS Joint Opinion on Proposal for a Regulation on the Establishment of the Digital Euro
The European Commission adopted a legislative package on the digital euro on 28 June 2023. It included a proposal to establish a legal framework for a possible digital euro. More specifically, the proposal establishes the framework for the European Central Bank (ECB) to issue the … Read more
Dr. Anna Pingen
EU
Data Protection
EU Reactions to Russian War against Ukraine: Overview July 2023 – September 2023
This news item continues the reporting on key EU reactions following the Russian invasion of Ukraine on 24 February 2022 in view of the impact on the EU's internal security policy, criminal law, and the protection of the EU’s financial interests. The overview covers the period from beginning of July 2023 to the end of September 2023. It connects to previous overviews, which were published in the eucrim issues of 2022 and 1/2023. Read more
EU
Area of Freedom, Security and Justice
Ukraine conflict
Protection of Financial Interests
EU Commission Presents Package of Measures to Reinforce the Long-Term Budget
On 20 June 2023, the Commission proposed a targeted revision of the MFF to equip the MFF with the means to ensure that the EU can meet its legal obligations and address the most urgent priorities. Read more
EU
Protection of Financial Interests
ECtHR: Updated Guidelines on Implementation of Advisory Opinion Procedure under ECHR Protocol No. 16
On 25 September 2023, the ECtHR, sitting in for the Plenary Court (assembly of all ECtHR judges), approved an updated version of the Guidelines on the implementation of the advisory opinion procedure under Protocol No. 16 to the European Convention on Human Rights (“the Convention”). … Read more
Dr. András Csúri
Council of Europe
European Court of Human Rights
EDPB Provides Guidance on "Appropriate Safeguards" Assessment under LED
On 19 September 2023, the European Data Protection Board (EDPB) adopted guidelines on the application of Art. 37 of Directive 2016/680. The guidelines provide practitioners with clarification which conditions must be met if appropriate data protection safeguards in a third country or international organisation are assessed that would allow a data transfer from the EU for law enforcement purposes. Read more
EU
Law Enforcement Cooperation
Data Protection
General Court: EDPS Action against Europol Regulation Inadmissible
On 6 September 2023, the General Court (GC) dismissed the action for annulment of parts of the new Europol Regulation brought by the European Data Protection Supervisor (EDPS) as inadmissible. The GC argued that the EDPS is not directly concerned by the contested provisions. Read more
EU
Legislation
Europol
European Data Protection Supervisor (EDPS)
AG Backs Softening of Data Retention Jurisprudence for Internet Infringements
On 28 September 2023, First Advocate General (AG) Szpunar confirms his viewpoint that the retention of and access to civil identity data linked to the IP address used is to be permitted if this data represents the only clue for establishing the identity of persons who have committed copyright infringements exclusively on the internet. Read more
EU
Data Protection
ECJ: No Use of Data Retained for Criminal Proceedings in Administrative Proceedings for Corruption
The ECJ ruled on 7 September 2023, in Case C-162/22, that retained data provided to authorities for the purpose of combating serious crime cannot be used in the context of investigations for a disciplinary offense related to corruption. Read more
EU
Data Protection
Spotlight Europol Published First Threat Assessment on Financial and Economic Crime
At the beginning of September 2023, Europol published a threat assessment on financial and economic crime. It is the first Europol threat assessment report in this criminal area. Under the title “The other side of the coin: an analysis of financial and economic crime in the EU”, the report deals with all financial and economic crimes affecting the EU. Read more
Cornelia Riehle LL.M.
EU
Europol
Corruption
Money Laundering
Organised Crime
Protection of Financial Interests
AML: Commission Updated List of High-Risk Third Countries
In May and August 2023, the Commission updated the EU list of high-risk third countries with strategic deficiencies in their anti-money laundering and counter-financing of terrorism (AML/CFT) regimes. Currently, 132 jurisdictions worldwide are subject to review and assessments by the EU institutions since their AML/CFT standard is low. Read more
EU
Money Laundering
Terrorism
Frontex Published Risk Analysis 2023/2024
In its annual Risk Analysis for the year 2023/2024, Frontex provides a comprehensive overview of the challenges at the EU’s external borders, especially irregular migration, secondary movements and returns as well as cross-border crime. According to the report, in 2022, about 332,000 illegal border-crossings at … Read more
EU
Frontex
First Liaison Prosecutor for Moldova
For the first time, the Republic of Moldova has stationed a liaison prosecutor at Eurojust. At the beginning of September 2023, Mr Mihail Ivanov took up this new position, with the aim of strengthening cooperation between the Moldovan authorities and Eurojust in cases of serious … Read more
EU
Eurojust
New Liaison Prosecutor for Norway
At the beginning of September 2023, Mr Rudolf Christoffersen took up his duties as liaison prosecutor for Norway at Eurojust. During his career, Mr Christoffersen held positions as public prosecutor in Bergen, as deputy to the Norwegian Liaison Prosecutor at Eurojust, and as a member … Read more
EU
Eurojust
Results of EncroChat Take-Down
Two years after the dismantling of the encrypted communications tool EncroChat, which had been widely used by organised crime groups (→eucrim news of 21 March 2021), law enforcement and judicial authorities are still reaping the rewards. On 27 June 2023, French and Dutch … Read more
EU
Europol
Eurojust
Organised Crime
Law Enforcement Cooperation