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AG: Minor Offences Can also Justify Police Access to Retained Data 
29 June 2018
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 3 May 2018, Advocate General (AG) Henrik Saugmandsgaard Øe delivered a notable opinion on the scope of data protection in criminal law enforcement situations. According to the AG, Union law does not preclude investigative measures by which national authorities seek identification data from certain mobile phones held by electronic communication service providers, even if the criminal offense is not of a serious nature. Read more

News Guide
EU Data Protection
Lawyers Organisations: Rule-of-Law Violations Have Direct Impact on Judicial Cooperation 
29 June 2018
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On the occasion of the reference for a preliminary ruling drafted by the Irish High Court, questioning recognition of a EAW issued by Poland because of the fundamental rights situation in the country, the Council of Bars and Law Societies in Europe (CCBE) and the Federation of European Bars (FBE) issued a joint statement on the rule of law and the principle of mutual recognition. Read more

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EU European Arrest Warrant
Commission Proposes Legislative Framework for E-Evidence 
29 June 2018 (updated 3 weeks, 6 days ago)
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
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

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EU Law Enforcement Cooperation e-Evidence
Brexit: Political Guidelines for EU’s Position in Negotiations 
29 June 2018
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 23 March 2018, the European Council adopted guidelines that set out the overall framework for the future relationship between the EU and the UK after Brexit. The European Council welcomes the draft Withdrawal Agreement presented by the Commission on 28 February 2018 and takes note of the European Parliament resolution of 14 March 2018 on the framework of the future EU-UK relationship. Read more

News Guide
EU Area of Freedom, Security and Justice
Brexit: Material for Discussions on Future Framework in JHA Area 
29 June 2018
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
The European Commission Task Force for the Preparation and Conduct of Negotiations with the United Kingdom under Article 50 TEU has already published documents on how the future framework of police and judicial cooperation in criminal matters could be shaped. These documents are available in ... Read more

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EU Area of Freedom, Security and Justice
Report
EPRS: Cost of Non-Europe in the Fight Against Terrorism 
29 June 2018
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 28 May 2018, the European Parliamentary Research Service (EPRS) published a report on the cost of non-Europe in the fight against terrorism. It continues the series of several cost- of- non-Europe reports increasingly covering the European criminal law field, such as the cost of non-Europe reports on organised crime and corruption, on procedural rights and detention conditions and on equality and the fight against racism and xenophobia. Read more

News Guide
EU Area of Freedom, Security and Justice
GC Clarifies Relationship between Union and National Law in OLAF External Investigations 
29 June 2018
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 3 May 2018, the General Court (GC) delivered an important judgment in which it clarified the relationship between Union law and national law when checks against economic operators are carried out by OLAF. The GC confirmed that checks are a matter of EU law, and national law is only relevant in cases of assistance by national authorities. Read more

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EU OLAF
Commission Proposes Loss of EU Money if Rule of Law is Not Respected 
29 June 2018
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 2 May 2018, the Commission tabled its proposals for a new long-term EU budget, also referred to as Multiannual Financial Framework (“MFF”). The new framework would follow the current budget period that ends in 2020. The MFF would therefore cover the period from 2021 to 2027, and it especially takes into account the EU-27 after the withdrawal of the UK. Read more

News Guide
EU Protection of Financial Interests
Data Protection Experts Give Critical Statement on Planned Interoperability 
29 June 2018
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 11 April 2018, the Article 29 Data Protection Working Party (WP29) adopted its opinion on the Commission proposals to establish a framework of interoperability between the EU information systems in the field of borders and visas and police and judicial cooperation, asylum and migration. The opinion must be seen in the context of other, nearly parallel statements issued by the EDPS and the EU’s Agency for Fundamental Rights. Read more

News Guide
EU Data Protection
Package of Measures to Further Build Up Security Union 
29 June 2018 (updated 5 months ago)
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg 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

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EU Security Union
EU Citizens Called On to Debate on Future of EU “at 27” 
29 June 2018
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg 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

News Guide
EU Reform of the European Union
EDPS Further Critical to Interoperability 
29 June 2018 (updated 2 months, 2 weeks ago)
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 16 April 2018, the EDPS presented his concerns on the recent Commission’s legislative proposals on establishing a framework to ensure interoperability between existing and future EU information systems. The EDPS’ contribution (Opinion 4/2018) follows up the reflection paper issued in November 2017, in which the EDPS already eyed the plans of the EU institutions on interoperability. Read more

News Guide
EU Data Protection
Hungary: OLAF Investigations Lead to Prison Sentence Against EU Funds Fraudster 
29 June 2018
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg 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

News Guide
EU OLAF
Commission Proposes Better Access of Law Enforcement to Financial Information 
29 June 2018
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg 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

News Guide
EU Money Laundering
Commission Proposes EU-Wide Rules on Whistleblowers‘ Protection 
29 June 2018
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg 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

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EU Victim Protection
FRA Opinion on Interoperability 
22 June 2018
Riehle_Cornelia_Neu_SW.jpg Cornelia Riehle
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

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EU Agency for Fundamental Rights (FRA) Data Protection