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News found: 2336 of 2336
Executive Board Starts Implementation of Conference on the Future of Europe
The Executive Board of the Conference on the Future of Europe started the implementation of the European citizens' participation in the discussions on the future shape and orientation of the EU. Read more
Thomas Wahl
EU
Reform of the European Union
Organised Crime
EU Imposes First Sanctions for Human Rights Violations
After the adoption of the EU Global Human Rights Sanctions Regime – also dubbed the “European Magnitsky Act” – in December 2020, the EU started to impose the first restrictive measures to individuals in March 2021. Read more
EU
Fundamental Rights
New E-Evidence Legislation: Trilogue Started – Criticism on EP Stance
After the European Parliament adopted its position on the e-evidence package in December 2020 (→ eucrim 4/2020, 295-296), trilogue negotiations between the EP, the Council, and the Commission started on 10 February 2021. The Council had already presented its general approach in 2018 (→ … Read more
EU
Legislation
e-Evidence
Law Enforcement Cooperation
Commission Report on ECRIS
On 21 December 2020, the Commission presented its second statistical report on the European Criminal Records Information System (ECRIS). This system has allowed judicial authorities to easily exchange information on previous criminal convictions since 2012. The purpose of the report is to present the compliance … Read more
EU
Commission
Criminal Records
AG: Tax Authority Cannot Issue EIO without Prior Judicial Validation
In his Opinion of 11 March 2021 in Case C-66/20 (XK / Finanzamt für Steuerstrafsachen und Steuerfahndung Münster), Advocate General (AG) Sánchez-Bordona rejects the authorisation of administrative authorities – despite exercising powers as a prosecution office in criminal tax matters – to issue … Read more
EU
European Investigation Order
CJEU: National Arrest Decision and EAW Cannot be Issued by Public Prosecutor Alone
On 10 March 2020, the CJEU decided on the consequences of the Bulgarian criminal procedure system, under which both the European arrest warrant and the decision on which it is based had been issued by the Bulgarian public prosecutor without court review prior to surrender. … Read more
EU
European Court of Justice (ECJ)
European Arrest Warrant
CJEU: Consequences of Invalid EAWs for Pre-Trial Detention in the Issuing State
In Case C-414/20 PPU (“MM”), the CJEU had to rule on the consequences if a Member State issued a European Arrest Warrant (EAW) without prior judicial decision that orders the arrest of the requested person. In the case at issue, MM was prosecuted … Read more
EU
European Arrest Warrant
CJEU Rules on Compliance of FD EAW with Charter of Fundamental Rights
In its judgment of 28 January 2021 in Case C-649/19 (“criminal proceedings against IR”), the CJEU took a stance on the extent of a person’s rights of information if he/she is subject to a European Arrest Warrant (EAW). In addition, the CJEU … Read more
EU
European Arrest Warrant
Procedural Safeguards
Spotlight EP Adopted Own Report on EAW Implementation
On 20 January 2021, the European Parliament adopted its own initiative report on the implementation of the European Arrest Warrant. While MEPs consider that the EAW is “generally a success” and has “positive effects on the maintenance of the AFSJ,” they believe that the time is ripe to improve and update the instrument, particularly since digital transformations have changed the ecosystem of crime. Read more
EU
European Arrest Warrant
Judicial Cooperation
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