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Interparliamentary Committee Evalua-tion of Eurojust
On 1 December 2020 − for the first time since the Eurojust Regulation became applicable in December 2019 −, Members of the European Parliament and national parliaments of the EU Member States convened (in a virtual meeting) to evaluate the Eurojust’s activities. In order to … Read more
Cornelia Riehle LL.M.
EU
Eurojust
European Public Prosectutor's Office (EPPO)
Second SIRIUS EU Digital Evidence Situation Report
On 1 December 2020, Eurojust, Europol, and the European Judicial Network (EJN) published the SIRIUS EU Digital Evidence Situation Report 2020. It provides an analysis of the access EU Member States currently have to electronic evidence held by online service providers (OSPs) as well … Read more
EU
Eurojust
Eurojust Note on New Freezing and Confiscation Regulation
On 8 December 2002, Eurojust published a Note on Regulation (EU) 2018/1805 on the mutual recognition of freezing orders and confiscation orders. It applies since 19 December 2020 and replaces Framework Decisions 2003/577/JHA on freezing property and evidence and 2006/783/JHA on confiscation orders (→ … Read more
EU
Eurojust
2019 Counter-Terrorism Report by Eurojust
On 9 December 2020, Eurojust published its 2019 Report on Counter-Terrorism presenting the Agency’s activities in the area of counter-terrorism in the year 2019. The report gives an overview of Eurojust’s casework on counter-terrorism and presents the main concepts/principles of the newly developed European Judicial … Read more
EU
Eurojust
Terrorism
Contribution Agreement with Europol Signed
On 23 December 2020, Eurojust and Europol signed a contribution agreement to expand their cooperation under the SIRIUS project. The SIRIUS project, which Europol launched in 2017, aims to support Internet-based investigations by co-developing tools and solutions for EU law enforcement and judicial authorities (→ … Read more
EU
Eurojust
Report on Malicious Uses and Abuses of Artificial Intelligence
On 19 November 2020, Europol, the United Nations Interregional Crime and Justice Research Institute (UNICRI), and Trend Micro (an IT company providing cybersecurity solutions) published a joint report on “Malicious Uses and Abuses of Artificial Intelligence (AI)”. Looking at the present state and possible … Read more
EU
Europol
Spotlight Commission Proposes Europol Reform
On 9 December 2020, the European Commission published a proposal for a Regulation amending Regulation (EU) 2016/794 as regards Europol’s cooperation with private parties, the processing of personal data by Europol in support of criminal investigations, and Europol’s role on research and innovation. Against the … Read more
Europol
New Decryption Platform Launched
At the end of December 2020, Europol launched a new decryption platform. The initiative is available to the national law enforcement authorities of all EU Member States to send lawfully obtained evidence to Europol for decryption. The platform, which was developed in cooperation with … Read more
EU
Europol
Reform Reports Published
On 21 December 2020, the Court of Justice followed its obligation to monitor implementation of the reform it started in 2016 and sent two reports to the European Parliament, the Council, and the Commission. The reports assess the effects of measures taken to increase the … Read more
European Court of Justice (ECJ)
EU-US Agenda for Global Change
On 2 December 2020, the Commission and the High Representative of the Union for Foreign Affairs and Security Policy put forward a joint proposal for a new EU-US Transatlantic Agenda. The Agenda sets out guiding principles of cooperation for a transatlantic partnership.The first … Read more
EU
Commission
Commission: Counter-Terrorism Agenda
On 9 December 2020, the European Commission published a Communication on the Counter-Terrorism Agenda of the EU. It sets out a four-pillar strategy to anticipate, prevent, protect, and respond to terrorist threats.(1) Anticipation of terrorist threatsThe strategy underlines the importance of the … Read more
EU
Commission
Terrorism
Council Conclusions on Enhancing Law Enforcement Cooperation
Alongside conclusions on internal security ( → separate news item under “Security Union”), the Council adopted conclusions on 14 December 2020 pointing the ways towards enhancing cross-border law enforcement/police cooperation. Read more
Thomas Wahl
EU
Security Union
Law Enforcement Cooperation
CJEU: German Public Prosecutor’s Office Considered “Issuing Judicial Authority” in the EIO Context
The CJEU ruled that the German public prosecutor's offices may issue European Investigation Orders (EIOs) despite being contingent upon individual instructions from the executive. In the context of the EIO Directive the situation is different as to the Framework Decision on the European Arrest Warrant, the CJEU argued. Read more
EU
European Investigation Order
Spotlight FCC: EU Charter is Review Standard for Poor Prison Conditions
Backing two constitutional complaints, the German Federal Constitutional Court reproached two courts for not having adequately applied the CJEU's test in Arranyosi & Căldăraru regarding insufficient detention conditions in Romania. The decision is remarkable because the FCC accepts for the first time in relation to European criminal law that the fundamental rights of the German constitution are not the yardstick for examination but instead the fundamental rights of the CFR. Read more
EU
Fundamental Rights
European Arrest Warrant
CJEU: “Executing Judicial Authority” Follows Same Criteria as “Issuing Judicial Authority”
According to the CJEU, Dutch public prosecutors are not an “executing judicial authority,” as they may be subject to individual instructions from the Dutch Minister of Justice. Therefore, the Dutch public prosecutor was not entitled to consent to an exception to the speciality rule (Art. 27 FD EAW). Herewith, the CJEU clarifies its case law on the requirements of independence, so that prosecution services can be ragarded "judicial authority" within the FD EAW. Read more
EU
European Arrest Warrant
CJEU: Execution of an EAW in the Case of Judgments in Absentia
On 17 December 2020, the CJEU decided that a court executing an EAW is not entitled to refuse surrender if the issuing state does not fulfil the requirements of Directive 343/2016 on the defendant’s right to be present at trial. The sole yardstick is Art. 4a FD EAW. Read more
EU
European Arrest Warrant
Procedural Safeguards