News
News found: 2055 of 2055
CJEU: Bulgarian Confiscation Rules Excluding Rights for Third Parties Acting in Good Faith Are Contrary to EU Law
In its judgment of 14 January 2021, the CJEU clarified EU Member States’ obligations with regard to Framework Decision 2005/212/JHA on confiscation of crime-related proceeds, instrumentalities, and property. The case (C-393/19, “OM”) dealt with the rights of third parties acting … Read more
EU
Freezing of Assets / Confiscation
Spain Must Pay for Non-Transposition of EU Data Protection Directive
On 25 February 2021, the CJEU ordered Spain to pay a lump sum of € 15 million and a daily penalty payment of €89,000 for its ongoing failure to transpose Directive 2016/680 regarding the protection of personal data by law enforcement authorities (for the Directive … Read more
EU
Fundamental Rights
Data Protection
Commission Admits Initiative against Biometric Mass Surveillance
On 7 January 2021, the Commission decided to register a European Citizens’ Initiative entitled: “Civil society initiative for a ban on biometric mass surveillance practices.” The organisers call on the European Commission to strictly regulate the use of biometric technologies in order to … Read more
EU
Commission
Data Protection
Council Agrees on Negotiating Mandate for E-Privacy Regulation – Data Retention Included
On 10 February 2021, the Council agreed on a negotiating mandate for the planned Regulation “concerning the respect for private life and the protection of personal data in electronic communications” (e-Privacy Regulation). Although the Commission presented its proposal (COM(2017) 10 final) in January … Read more
EU
Council
Data Protection
Portuguese Council Presidency Pushes Forward EU Data Retention Law
Following the CJEU’s landmark judgment from 6 October 2020 in La Quadrature du Net and Others (→ eucrim 2/2020, 3/2020, 184-186), the Portuguese Council Presidency wishes to make progress in drafting new EU legislation to harmonise the public authorities’ access to traffic and location … Read more
EU
Legislation
Council
Data Protection
Spotlight CJEU Confirms Strict Limitations of Data Retention
In its judgment of 2 March 2021 on the Estonian rules on data retention, the CJEU confirmed red lines for access to traffic and location data for law enforcement purposes. In addition, the case questioned which competent authority can grant access to such data. Read more
EU
Data Protection
Spotlight CJEU Delivers Landmark Judgment on Right to Silence in Administrative (Punitive) Proceedings
On 2 February 2021, the CJEU, sitting in for the Grand Chamber, rendered an important judgment on the right to remain silent in administrative proceedings if the person’s answers might also establish his/her punitive liability. The case is referred to as C-481/19 (DB v … Read more
EU
Procedural Safeguards
Commission: Hate Crime Should Become an EU Crime
On 23 February 2021, the Commission published a roadmap for a proposal to include hate speech and hate crime into the list of EU crimes for which harmonisation of substantive criminal law would be possible in accordance with Art. 83(1) TFEU. The Commission plans to … Read more
Racism and Xenophobia
Germany: Plans for Punishing Criminal Trading Platforms on the Internet
On 10 February, the German Federal Government passed a draft law on the criminal liability of operating criminal trading platforms on the internet and providing corresponding server infrastructures. To this end a new provisions is to be included into the German Criminal Code: Anyone who … Read more
EU
Reform of the European Court of Human Rights
Cybercrime
Dismantled Encryption Networks: German Courts Confirmed Use of Evidence from EncroChat Surveillance
Two German courts confirmed warrants for pre-trial detention against persons whose criminal activities had been revealed as a follow-up of the infiltration of the encrypted communication network EncroChat. On 10 March 2021, Eurojust and Europol reported another successful strike against an encrypted communication network that was predominantly used by organised crime groups. Read more
EU
Organised Crime
Law Enforcement Cooperation
Data Protection
Number of Counterfeit Euro Banknotes at Record Low in 2020
On 22 January 2021, the European Central Bank (ECB) reported that in 2020, around 460,000 counterfeit euro banknotes had been withdrawn from circulation - fewer than ever before. Compared to the total number of banknotes in circulation of over 25 billion, the number of counterfeits … Read more
EU
Counterfeiting & Piracy
EP Calls for Improvements in Taxation of Online Traders
On 10 March 2021, the European Parliament (EP) adopted, by a large majority, amendments to the Commission’s draft to amend Directive 201116/EU on administrative cooperation in the field of taxation (DAC7). MEPs call for improvements to the tracking and taxation of online sales. According to … Read more
EU
Tax Evasion
ECA: EU Exchange of Tax Data System Yet Insufficient to Prevent Tax Evasion
On 26 January 2021, the European Court of Auditors (ECA) published its Special Report 03/2021 on the exchange of tax information in the EU. The underlying tool is the Directive on administrative cooperation in the field of taxation (Directive 2011/16/EU), which has been amended … Read more
EU
Tax Evasion
EP Call on Reform of EU Blacklist on Tax Havens
By an overwhelming majority of 587 votes in favour (50 against and 46 abstentions), MEPs adopted a resolution on reforming the EU list of tax havens. The resolution backs a motion of December 2020 prepared by the Economic and Monetary Affairs Committee (→ https://eucrim.eu/news/meps-call-reform-eu-list-tax-havens/). … Read more
EU
Tax Evasion
AG: Union Law Allows Punishment of Self-Laundering
Advocate General Hogan held that Union law does not preclude the interpretation of a national provision which criminalises so-called self-money laundering. He is of the opinion that neither the wording of the said provision of Directive 2005/60 nor the objective of the Directive exclude the criminalisation of self-laundering. Read more
Money Laundering
Commission: Germany, Portugal, and Romania Failed to Correctly Transpose 4th AMLD
In February 2021, the Commission formally initiated infringement procedures against Germany, Portugal, and Romania for having incorrectly transposed the 4th Anti-Money Laundering Directive (Directive (EU) 2015/849). As an initial step, the Commission sent a letter of formal notice requesting further information to … Read more
EU
Money Laundering
Protection of Financial Interests