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CJEU Clarifies Conditions for Trials and Convictions in absentia
In a judgment of 19 May 2022, the CJEU clarified when an accused can be tried in his/her absence and a decision in absentia taken against him can be enforced.The case (C-569/20) concerns a situation before the Specialised Criminal Court in … Read more
Thomas Wahl
EU
Procedural Safeguards
MEPs Warn against Mass Surveillance through AI
In a resolution of 3 May 2022, the European Parliament proposed an EU Roadmap for AI to 2030. MEPs acknowledged the huge benefits of using AI to address climate change, pandemics and the labour market, but warned about risks to fundamental rights. Read more
Dr. Anna Pingen
EU
Artificial Intelligence (AI)
Legislation
Data Protection
Justice and Home Affairs Ministers Discuss Responses to the Situation in Ukraine
At the Justice and Home Affairs Council meeting on 9/10 June 2022, Ministers discussed several issues on how the EU needs to react to the Russian war of aggression against Ukraine.A discussion paper by the French Council Presidency summarised the judicial responses to … Read more
EU
Ukraine conflict
Council
CJEU Ruled on Duplication of Criminal and Administrative Penalties in French System
On 5 May 2022, the CJEU ruled on the limits of the ne bis in idem principle enshrined in Art. 50 CFR under the French legal system. Accordingly, EU law does not preclude a duplication of criminal penalties and administrative sanctions with a criminal nature if it is determined by national provisions and foreseeable settled case-law of the supreme court. Read more
EU
Fundamental Rights
Protection of Financial Interests
Ne bis in idem
EP Calls for Quick Start to Treaty Revision - EU Leaders Hesitant
On 9 June 2022, the European Parliament (EP) adopted a resolution calling on the European Council to set up a Convention to revise the EU Treaties as foreseen in Art. 48 TEU as part of the ordinary revision procedure. The reactions by the Heads of State or Government and the European Commission remain more reticent. Read more
Reform of the European Union
Legislation
CJEU: Consumer Protection Associations Can Bring Representative Actions under GDPR
On 28 April 2022, the CJEU ruled that the GDPR does not preclude a consumer protection association from being able to bring legal proceedings, in the absence of a mandate granted to it for that purpose and independently of the infringement of the specific rights of the data subjects, against the person allegedly responsible for an infringement of the laws protecting personal data. Read more
EU
Data Protection
European Data Protectors Call for Additional Safeguards in Data Act
In a Joint Opinion, the EDPS and EDPB call on the co-legislators to include more safeguards in the planned Data Act to avoid lowering the protection of the fundamental rights to privacy and to the protection of personal data in practice. Read more
EU
Legislation
Data Protection
Survey on the Experience of SMEs with Cybercrime
On 12 May 2022, a Eurobarometer survey about the impact of cybercrime on small and medium sized enterprises (SMEs) was published. Between 26 November and 17 December 2021, nearly 13,000 interviews with SME representatives in all 27 EU countries were conducted by Ipsos European Public … Read more
EU
Cybercrime
Rules on Removing Terrorist Content Online Now Applicable
On 7 June 2022, Regulation (EU) 2021/784 on addressing the dissemination of terrorist content online became applicable. From now on internet companies in the EU must take swift measures to prevent the misuse of their services for dissemination of terrorist content. Read more
EU
Racism and Xenophobia
EDPS Annual Report 2021
On 20 April 2022, the EDPS published the Annual Report for the year 2021. In addition to a summary of the highlights of the work in 2021, the report offers chapters on the EDPS’ supervision and enforcement measures, especially in the area of freedom, security … Read more
Cornelia Riehle LL.M.
EU
European Data Protection Supervisor (EDPS)
Data Protection
EP Reviews Rule of Law Report 2021
In a resolution of 19 May 2022, the EP welcomed the Commission’s second annual Rule of Law Report but also pointed out that the Commission still did not fully address its critique of the first report published in 2020. MEPs proposed setting up a “rule of law index”, based on a quantitative assessment of each country’s performance by independent experts. Read more
Rule of Law
Common Anti-Trafficking Plan for Victims of Ukraine War
On 11 May 2022, the EU Solidarity Platform presented its Common Anti-Trafficking Plan. As a result, the Solidarity Platform aims to address the risks of trafficking in human beings and support potential victims. The Plan has been developed by Diane Schmitt (EU Anti-Trafficking Coordinator) together with EU and national authorities. Read more
EU
Ukraine conflict
Trafficking in Human Beings
Victim Protection
EP: Protection of Women Fleeing Ukraine from Violence and Trafficking
Since the start of the Russian invasion of Ukraine on 24 February more than 5.5 million refugees – 90% of whom are women and children – have fled Ukraine. On 5 May 2022, the European Parliament adopted a resolution in which MEPs strongly condemn the … Read more
Fundamental Rights
Ukraine conflict
Trafficking in Human Beings
Spotlight Germany: Federal Court of Justice Confirms Use of Evidence in EncroChat Cases
On 2 March 2022, the Federal Court of Justice (Bundesgerichtshof) handed down the first supreme court decision in the EncroChat cases in Germany. The Court confirmed the use of evidence which was acquired by German law enforcement authorities from French counterparts. By secret interception measures, French authorities succeeded in 2020 in dismantling a supplier that offered encrypted mobile devices that were allegedly used by criminals. Read more
EU
Organised Crime
European Investigation Order
Law Enforcement Cooperation
Data Protection
CJEU Interprets Time Limits for Surrender in FD EAW
In the case C-804/21 PPU (C and CD), the CJEU had the opportunity to decide on the consequences of the time limits set out in Art. 23 of the Framework Decision 2002/584 on the European arrest warrant (FD EAW). Pursuant to Art. 23 … Read more
EU
European Arrest Warrant
ECA: EU’s IPR Protection Not Fully Waterproof
The EU’s legal framework for the protection of intellectual property rights is generally solid and robust, but a number of shortcomings in several areas still exist, says a special report that was presented by the European Court of Auditors at the end of April 2022. Read more
EU
Counterfeiting & Piracy