News
News found: 2070 of 2070
CoE Report: Policing Regarding Hate Speech and Racism in Germany
On 17 March 2020, the European Commission on Racism and Intolerance (ECRI) published a report on Germany. The report focuses on (1) effective equality and access to rights; (2) hate speech and hate-motivated violence; (3) integration and inclusion. Read more
Thomas Wahl
Council of Europe
Human Rights Issues
Rule-of-Law Developments in Hungary
European institutions have rule-of-law concerns with regard to Hungary. As in the case of Poland, Hungary faces several infringement actions before the CJEU. The recent developments in brief: Read more
EU
Fundamental Rights
Rule of Law
Threat of Rule of Law in Poland – Recent Developments
New actions and regulations initiated by the Polish ruling party to push through reforms in the justice system triggered further controversies between the country and European institutions/civil society organisations. An overview of the main recent events: Read more
EU
Fundamental Rights
Rule of Law
EDPB: CoE E-Evidence Legislation Must Ensure Strong Data Protection Safeguards
In view of the negotiations on a Second Additional Protocol to the CoE Cybercrime Convention (Budapest Convention), which will include a framework for law enforcement authorities to directly receive data from service providers, the European Data Protection Board addressed a letter to the responsible CoE … Read more
EU
e-Evidence
Law Enforcement Cooperation
Spotlight CJEU Rules on Union-wide Enforcement of Fines against Legal Persons
After its judgment on the interpretation of the Framework Decision on the application of the principle of mutual recognition to financial penalties (FD 2005/214/JHA) of 5 December 2019 (see eucrim 4/2019, p. pp. 246-247), the CJEU delivered another important judgment on the … Read more
EU
European Court of Justice (ECJ)
Financial Penalties
CJEU: Confiscation of Illegal Assets via Civil Proceedings Possible
EU law does not preclude national legislation, which provides that a court may order the confiscation of illegally obtained assets following proceedings that were not subject either to a finding of a criminal offence or, a fortiori, the conviction of the persons accused of … Read more
EU
Freezing of Assets / Confiscation
Commission Announces New Victims’ Rights Strategy
On the occasion of the European Day for Victims of Crime on 22 February 2020 and following the xenophobic/racist attacks in Hanau/Germany on 19 February 2020, Commission Vice-President Věra Jourová and Commissioner for Justice Didier Reynders announced a new Commission strategy for victims’ rights (2020-2024) … Read more
EU
Victim Protection
EDPB: Data Protection Guidelines on Video Surveillance
At its 17th plenary meeting on 28/29 January 2020, the European Data Protection Board (EDPB) adopted guidelines on the processing of personal data through video devices. The guidelines take into account a prior public consultation on the topic (see eucrim 2/2019, p. 105). … Read more
EU
Data Protection
Commission Presents European Data Strategy
On 19 February 2020, the Commission unveiled its plans and actions for a European data strategy. The new Commission under President Ursula von der Leyen set the ambitious goal that the EU become the leading role model for a society empowered by data to … Read more
EU
Data Protection
Council Endorses Start of Negotiations on EU-Japan PNR Deal
On 18 February 2020, the Council gave green light to the Commission to start negotiations with Japan on an agreement on the transfer and use of passenger name record (PNR) data. The Council endorsed the respective negotiating directives recommended by the Commission in September 2019 … Read more
EU
Judicial Cooperation
Data Protection
AG: Conditions of Access to Retained Telecommunications Data for Law Enforcement
Advocate General Giovanni Pitruzzella presented his opinion on the Estonian data retention law, advising on how Member States may arrange the contentious retention of personal data for law enforcement purposes while keeping in line with Union law (opinion of 21 January 2020, Case C-746/18 … Read more
EU
Data Protection
Spotlight AG: Data Retention Should Be Strictly Limited
Advocate General (AG) Manuel Campos Sánchez-Bordona advocates that the CJEU’s rather restrictive case law on the retention of personal data and access to these data by law enforcement or intelligence authorities should be upheld. Following the judgment in the Joined Cases C-203/15, Tele2 Sverige, and … Read more
EU
Data Protection
Procedural Safeguards
German Bar Association Calls for Further Strengthening of Procedural Safeguards in EU
The German Bar Association (Deutscher Anwalt Verein − DAV) called on the establishment of additional minimum guarantees for procedural rights within the EU. In its statement No 5/20 of January 2020, the association assesses the state of play of procedural safeguards in the EU … Read more
EU
Procedural Safeguards
CJEU: Accused Person Can Waive Right to be Present at Trial
The CJEU ruled on the conditions under which the non-appearance of accused persons at certain trial hearings for reasons either within or beyond their control is compatible with Union law. The concrete case deals with the provisions of the Bulgarian Criminal Code of Procedure on … Read more
EU
Procedural Safeguards
CJEU: Prosecutor Can Balance Defence Rights Against Effective Fraud Prosecution (Kolev II)
In Case C-612/15 (criminal proceedings against Nikoley Kolev, Stefan Kostadinov, judgment of 5 June 2018, see eucrim 2/2018, pp. 99/101), the CJEU ruled that Union law, i.e., the obligation to protect the EU’s financial interests in accordance with Art. 325(1) TFEU, precludes national … Read more
EU
Procedural Safeguards
Terrorist Content Online Regulation – Controversies in Trilogue
On 21 January 2020, the LIBE Committee discussed the Commission proposal for a regulation on preventing the dissemination of terrorist content online (for the proposal, see eucrim 2/2018, 97-98 and the article by G. Robinson, eucrim 4/2018, p. 234). Rapporteur Patryk Jaki (ECR, … Read more
EU
Racism and Xenophobia
Terrorism