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New Translation of German Act on International Cooperation in Criminal Matters Published
The Federal Ministry of Justice and Consumer Protection in collaboration with the Federal Office of Justice published a new translation of the German Act on International Mutual Assistance in Criminal Matters (Gesetz über die internationale Rechtshilfe in Strafsachen - IRG). The translation not only includes … Read more
Thomas Wahl
EU
Judicial Cooperation
ECBA: Principles on the Use of Video-Conferencing in Criminal Cases
In September 2020, the European Criminal Bar Association (ECBA) issued a statement setting out principles on the use of video-conferencing in criminal cases in a post-COVID-19 world. The ECBA observed that, faced with the challenges of the COVID-19 pandemic, judicial authorities in Europe … Read more
EU
Judicial Cooperation
Advocate General: CJEU Should Give Up Petruhhin Decision
AG Gerard Hogan recommends that his colleagues on the Luxembourg judges’ bench no longer follow the judgement in Petruhhin (C-182/15 à eucrim 3/2016, 131). The AG explains the legal and practical difficulties in the application of the maxim in the Petruhhin judgment (Opinion in Case C-398/19 (BY - extradition to Ukraine)). Read more
EU
Judicial Cooperation
Debate on Broadening Prüm Data Exchange Network
Euractiv and Statewatch reported that MEPs discussed plans to reform police cooperation tools, based on the Prüm legal framework, with independent experts at a meeting on 22 September 2020. A next-generation Prüm (dubbed “Prüm.ng”) is currently being discussed in Council working groups. The aim is … Read more
EU
Police Cooperation
Home Affairs Ministers Discuss European Police Partnership
At their video conference on 8 October 2020, the Home Affairs Ministers of the EU Member States continued discussions on a new European Police Partnership. They agreed that the existing security architecture should be improved in the following three areas:Applying new technologies, such as … Read more
EU
Police Cooperation
Commission: Single Window for Modernisation of EU Customs Union
On 28 October 2020, the Commission launched an important initiative to strengthen cooperation and information exchange in the clearance of goods at the EU borders. The EU Single Window Environment will create a single portal to allow businesses to provide information related to their … Read more
EU
Customs Cooperation
New Customs Union Action Plan
On 28 September 2020, the European Commission presented a new Customs Union Action Plan, setting out a series of measures to make EU customs smarter, more innovative, and more efficient. The Action Plan follows the announcement by Commission President Ursula von der Leyen in … Read more
EU
Customs Cooperation
AG: Union Ne bis in idem Rules Shelter Union Citizens from Extraditions to Third Countries
Advocate General Bobek concludes that the fundamental principle of ne bis in idem, in conjunction with the right to free movement, precludes Member States from implementing a red notice issued by Interpol at the request of a third country and from restricting the freedom of movement of a citizen of the Union. Read more
EU
Judicial Cooperation
Ne bis in idem
Ways Out of Schrems II Judgment
Business representatives and the EU and U.S. administrations have begun to think about the consequences of the CJEU’s judgment in Schrems II of July 2020 (--> eucrim 2/2020, pp. 98-99). In a joint press release of 10 August 2020, the European Commission and the … Read more
EU
European Court of Justice (ECJ)
Data Protection
NGOs Call on the Commission to Give Up Data Retention Plans
On the eve of the CJEU’s judgment on the data retention rules in France, Belgium and the UK of 6 October 2020 (separate news item), more than 40 civil society organisations from 16 countries sent a joint letter to the Commission calling for … Read more
EU
Data Protection
Spotlight CJEU: Data Retention Allowed in Exceptional Cases
On 6 October 2020, the Grand Chamber of the CJEU delivered its judgments on data retention concerning the British, French, and Belgian rules (Case C-623/17 (Privacy International), and Joined Cases C-511/18 (La Quadrature du Net and Others), C-512/18 (French … Read more
EU
European Court of Justice (ECJ)
Data Protection
Report
The Statute of Limitations as a Challenge for Cross-Border Cooperation in Criminal Matters - Development of a Harmonisation Proposal Die Verjährung als Herausforderung der grenzüberschreitenden Zusammenarbeit in Strafsachen – Entwicklung eines Harmonisierungsvorschlags; Bericht zur Projekttagung vom 17.-18. September 2020
Criminal law experts from 14 countries met to discuss the harmonisation of statute of limitations in the European Union at a project conference on 17 and 18 September 2020 in Frankfurt (Oder), Germany. The aim was to discuss the draft of a proposal for harmonisation of the statute of limitations in criminal law within the European Union. Read moreEvaluation Report on Environmental Crime Directive
On 28 October 2020, the Commission provided a comprehensive evaluation of Directive 2008/99/EC on the protection of the environment through criminal law. The Directive is the EU’s main instrument seeking effective protection of the environment and full application of the existing environmental EU legislation through … Read more
EU
Environmental Crime
Commission Identifies Weaknesses in Transposition of Directive on Combating Terrorism
On 30 September 2020, the Commission published a report assessing the measures taken by the Member States to comply with EU anti-terrorism legislation (Directive 2017/541 --> eucrim 2/2017, 69). The Member States had to implement the rules of the Directive by 8 September 2018. … Read more
EU
Terrorism
Restrictive Measures for Cyber Attacks against the German Bundestag
On 22 October 2020, the Council imposed restrictive measures against two persons and one body responsible for or involved in the cyberattacks on the German Federal Parliament (Deutscher Bundestag) in April and May 2015. The persons/body concerned belonged to the Russian military intelligence. The attack … Read more
EU
Cybercrime
Annual Report on Cyber Threat Landscape
On 20 October 2020, the European Union Agency for Cybersecurity (ENISA) published the annual report on cyber threats – the “ENISA Threat Landscape 2020” (ETL 2020). The report identified and evaluated the top cyber threats in the EU between January 2019 and April 2020. It … Read more
EU
Cybercrime