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ECJ Ruled on Right to Trial Participation via Videoconference
The ECJ ruled on 4 July 2024 that Art. 8(1) of Directive 2016/343 does not preclude an accused person from participating in his or her trial by videoconference if he or she expressly requests to do so, provided that all necessary safeguards are in place to ensure that the trial remains fair. Read more
EU
Fundamental Rights
Procedural Safeguards
DMA: Bytedance (TikTok) Remains a Gatekeeper
In the case of Bytedance (TikTok) v. Commission (Case T‑1077/23), the General Court (GC) dismissed the action brought by Bytedance, the company behind TikTok, challenging the European Commission's decision to designate it a "gatekeeper" under the Digital Markets Act (DMA). Read more
Legislation
Digital Space Regulation
European Court of Justice (ECJ)
Overview of the Latest Developments Regarding the Digital Services Act
This news item continues the reporting on the latest developments concerning the Digital Services Act (the EU's landmark legislation for a safer, more transparent online environment) in the form of a chronological overview. Read more
EU
Legislation
Digital Space Regulation
Data Protection
GDPR in Practice: Experiences of Data Protection Authorities
On 24 June 2024, the EU Agency for Fundamental Rights (FRA) published a report looking at the experiences - in practice - of data protection authorities (DPAs) with the General Data Protection Regulation (GPDR). It comes in response to a request from the European Commission … Read more
EU
Agency for Fundamental Rights (FRA)
Data Protection
Berlin Regional Court’s EncroChat Battle – Third Round
In an order of 4 July 2024, the ECJ dealt with procedural effects of the EncroChat case. The reference for preliminary ruling (Case C-288/24, M.R. v Staatsanwaltschaft Berlin or “Stegmon”) only indirectly concerns the criminal investigations related to EncroChat. The question … Read more
EU
Area of Freedom, Security and Justice
European Court of Justice (ECJ)
European Investigation Order
Law Enforcement Cooperation
EPPO’s Operational Activities: April - June 2024
This news item provides an overview of the EPPO's main operational activities from 1 April to 31 June 2024. It continues the periodic reports of previous issues → eucrim 6 May 2024 // preprint issue 1/2024 and is in reverse chronological order. Read more
EU
European Public Prosectutor's Office (EPPO)
Eurostat Statistics on Prisons in 2022
On 29 April 2024, Eurostat published statistics on prisoners and prison occupancy in 2022. According to the publication, there were 483,593 prisoners in the EU in 2022. This is equivalent to 108 prisoners per 100,000 people. In 2021, the prisoner rate was 106 prisoners … Read more
EU
Area of Freedom, Security and Justice
Attempt for Second Reference for Preliminary Ruling in EncroChat Case
The Regional Court of Berlin lodged a second reference for preliminary ruling to the ECJ, seeking clarifications on the legitimacy of an operation against the encrypted network EncroChat, notably as regards possible breaches of the rules of the European Investigation Order Directive. Read more
European Investigation Order
Law Enforcement Cooperation
Spotlight ECJ Ruled in EncroChat Case
This news item features a summary and comment on the impact of the ECJ’s ruling in the EncroChat case. It is contended that the judgment leaves room for manoeuvre in that evidence obtained by a live French police hack of encrypted devices may be banned in German criminal proceedings. Read more
EU
Organised Crime
European Investigation Order
Law Enforcement Cooperation
Procedural Safeguards
Spotlight New EU Rules on Protection of the Environment through Criminal Law
On 30 April 2024, Directive (EU) 2024/1203 of the European Parliament and of the Council of 11 April 2024 on the protection of the environment through criminal law was published in the Official Journal of the EU. The Directive establishes updated minimum EU-wide standards for the definition of environmental criminal offences and penalties, replacing the previous 2008 legislation. Read more
EU
Legislation
Environmental Crime
Spotlight New Report on Encryption by EU Innovation Hub
At the beginning of June 2024, the EU Innovation Hub for Internal Security published its first Report on Encryption. The report analyses the topic of encryption from legislative, technical, and developmental points of view. Read more
EU
Artificial Intelligence (AI)
Digital Space Regulation
Europol
Cybercrime
Law Enforcement Cooperation
Data Protection
Overview of Convictions in EPPO Cases: April - June 2024
The following overview highlights court verdicts and alternative resolutions in EPPO cases. It breaks down the EPPO's news reports from April to June 2024 and continues the overview published in → eucrim 6 May 2024 // preprint issue 1/2024. The overview is in reverse … Read more
EU
European Public Prosectutor's Office (EPPO)
Protection of Financial Interests
New Pact on Migration and Asylum
After three years of hard and complex negotiations, the European Parliament and the Council formally adopted the new Pact on Migration and Asylum in May 2024. It is one of the most important EU legislations in the area of home affairs in the recent years and follows a holistic approach: introducing a new legislative framework on migration and asylum while supporting Member States through operational and targeted actions. Read more
EU
Legislation
Frontex
EU Reactions to Russian War against Ukraine: Overview February – June 2024
This news item continues the reporting on key EU reactions following the Russian invasion of Ukraine on 24 February 2022: the impact of the invasion on the EU’s internal security policy, on criminal law, and on the protection of the EU’s financial interests. The overview covers the period from the beginning of February 2024 to the end of June 2024. Read more
EU
Area of Freedom, Security and Justice
Ukraine conflict
Protection of Financial Interests
2023 Annual Report of the Frontex Fundamental Rights Officer
On 10 July 2024, the Frontex Fundamental Rights Officer released its Annual Report for the year 2023.In the first chapter, the report presents the main findings of the Fundamental Rights Officer's monitoring of Frontex in different thematic areas, e.g., return operations. In 2023, … Read more
EU
Fundamental Rights
Frontex
Final Approval and Publication of the AI Act
After the Council's final green light on 21 May 2024, the pioneering Artificial Intelligence (AI) Act, establishing the first comprehensive global regulatory framework for AI, was published in the EU’s Official Journal on 12 July 2024 (Regulation (EU) 2024/1689). The AI Act prohibits certain AI … Read more
EU
Artificial Intelligence (AI)
Legislation