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GRECO: Compliance Reports
In December 2019, GRECO published a number of compliance reports from the Fourth Evaluation Round. The following is a summary of the reports that were adopted on Armenia, Malta, and Poland.On 12 December 2019, GRECO published its second compliance report for the Fourth Evaluation … Read more
Dr. András Csúri
Council of Europe
Corruption
GRECO: Ad hoc Report on Greece
On 18 December 2019, GRECO published an ad hoc report on Greece. In the past, GRECO, together with the Organisation for Economic Co-operation and Development (OECD), had strongly criticised the Greek government for watering down the anti-corruption legislation already in place ‒ … Read more
Council of Europe
Corruption
GRECO and FEDE Launch New Anti-Corruption Education Module
On 20 December 2019, GRECO and the Federation for Education in Europe (FEDE), an international NGO having participatory status with the CoE, presented an education module on anti-corruption for the 2019-2020 academic year. The module includes summary sheets, takeaway messages, and test questions. It will … Read more
Council of Europe
Corruption
Report
AWARE: Seminar on the European Arrest Warrant and Conditions of Detention
Bremen/Germany, 24-26 October 2019
The three-day seminar brought together 38 European judicial and legal practitioners and academics from eight EU Member States looking at use of the European Arrest Warrant. It is part of a series of seminars to be continued in Bucharest/Romania and Lisbon/Portugal in 2020. The aim of EAW AWARE is to support, discuss, and build mutual trust and recognition of decisions between neighbouring European judiciaries and to promote consistent use of the EAW tool by European bodies. Read more
EU
Fundamental Rights
European Arrest Warrant
Judicial Cooperation
Report
The 2019 Annual Conference on International Extradition and the European Arrest Warrant
Lake Iseo, Italy, 24-25 June 2019
Legal experts met in Sarnico/Italy for the fourth edition of the international conference to brainstorm on current developments in extradition law and the practice of the European Arrest Warrant (EAW). This report summarises the presentations and looks at the Vth edition to be held in June 2020. Read more
Prof. Dr. Stefano Maffei
European Arrest Warrant
Judicial Cooperation
EDPS Opinion on E-Evidence Proposal
On 6 November 2019, the European Data Protection Supervisor (EDPS) issued his opinion on the new EU legal framework for gathering e-evidence in cross-border cases (for the Commission proposal, see eucrim 1/2018, pp. 35-36).The EDPS endorses the objective of ensuring quick and effective … Read more
Thomas Wahl
EU
e-Evidence
Law Enforcement Cooperation
EP Report on EU E-Evidence Legislation Advocates Strengthened Safeguards
After the EP elections, the EP Conference of Presidents decided in October 2019 that work should resume on the EU e-evidence rules. The e-evidence package consists of two proposals tabled by the European Commission in April 2018 (see eucrim 1/2018, pp. 35-36): a Regulation on … Read more
EU
e-Evidence
Law Enforcement Cooperation
NGOs Urge U.S. Congress to Oppose US-UK CLOUD Act Agreement
On 29 October 2019, twenty privacy, civil liberties, and human rights organizations jointly addressed U.S. Congress committee chairmen to stop the US-UK CLOUD Act Executive Agreement signed on 3 October 2019. It will allow direct access by the party’s law enforcement bodies to personal data … Read more
EU
Law Enforcement Cooperation
Data Protection
MEPs Critical of EU-US E-Evidence Negotiations
At a hearing on 7 November 2019 at the EP’s LIBE Committee, MEPs called for meeting EU data protection standards within the framework of possible future data exchanges by means of the U.S. CLOUD Act. The CLOUD Act allows U.S. law enforcement authorities to request … Read more
EU
E-Justice
Law Enforcement Cooperation
US and UK Sign Bilateral E-Evidence Agreement
On 3 October 2019, the United States and the United Kingdom signed the first agreement allowing the other party’s law enforcement authorities, when armed with appropriate court authorisation, to go directly to tech companies based in the other country to access electronic data in order … Read more
EU
e-Evidence
Law Enforcement Cooperation
E-Evidence: Start of Negotiations on EU-US Agreement
On 26 September 2019, the European Commission announced the start of formal negotiations with the United States Department of Justice on an EU-US agreement to facilitate access to electronic evidence in criminal investigations. Both parties reaffirmed their intention to conclude an agreement as quickly as … Read more
EU
European Court of Justice (ECJ)
e-Evidence
Law Enforcement Cooperation
First CJEU Judgment on European Investigation Order
On 24 October 2019, the CJEU delivered its first judgment interpreting Directive 2014/41/EU regarding the European Investigation Order in criminal matters (Case C-324/17 – Ivan Gazanozov). The case at issue dealt with the particularity of Bulgarian law that does not provide for any … Read more
EU
European Court of Justice (ECJ)
European Investigation Order
Statistics on Use of EAW in 2017
On 28 August 2019, the Commission published statistical data on use of the European Arrest Warrant in 2017. The document, officially entitled “Replies to questionnaire on quantitative information on the practical operation of the European arrest warrant –Year 2017,” compiles data from the … Read more
EU
European Arrest Warrant
CJEU: EAWs Issued from Austrian Public Prosecutor’s Office Valid
After the CJEU decided on 27 May 2019 that the German public prosecution offices lack independence to issue European Arrest Warrants (see joined cases C-508/18 (O.G.) & C-82/19 PPU (P.I.), eucrim 1/2019, pp. 31-33), the CJEU came to a different result as regards the Austrian … Read more
EU
European Arrest Warrant
Spotlight CJEU: Executing Judicial Authority Must Make Precise Assessment of Detention Conditions
On 15 October 2019, the CJEU (Grand Chamber) further clarified its case law as to the conditions under which the surrender of a person sought by a EAW can be refused because standards of detention in the issuing state infringe the prohibition of inhuman or … Read more
EU
European Court of Justice (ECJ)
European Arrest Warrant
Entry into Force of Surrender Agreement Between European Union and Norway/Iceland
On 28 June 2006, the European Union, the Republic of Iceland, and the Kingdom of Norway entered into an agreement on the surrender procedure between the Member States of the European Union and Iceland and Norway. The agreement aims at improving the surrender procedure for … Read more
EU
Judicial Cooperation