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CJEU: Victims of Crime Can Be Re-Examined if Judge’s Bench Changed
By judgment of 29 July 2019, the CJEU shared the opinion of Advocate General Yves Bot in case C-38/18 (criminal proceedings against Massimo Gambino and Shpetim Hyka), namely that Arts. 16 and 18 of Directive 2012/29/EU establishing minimum standards on the rights, support, … Read more
Thomas Wahl
EU
Victim Protection
Federal Administrative Court Refers German Data Retention Law to European Court of Justice
On 25 September 2019, the German Federal Administrative Court (Bundesverwaltungsgericht) decided to refer to the European Court of Justice in order to clarify whether the German data retention law is compatible with Union law.The German Federal Administrative Court now has to decide … Read more
EU
European Court of Justice (ECJ)
Data Protection
EU Governments Look into Future of Interoperability
After having agreed on the legal framework of the interoperability of EU Information Systems designed for border/migration control and police/judicial cooperation (see eucrim 2/2019, p. 103), delegations from the Member States’ governments are now discussing further extensions. The Finnish Council Presidency continued discussions that … Read more
EU
Judicial Cooperation
Police Cooperation
Data Protection
Security Union: Commission Wants Mandate for EU-Japan PNR Agreement
During the EU-Asia Connectivity Forum held in Brussels on 27 September 2019, Commission President Jean-Claude Juncker announced that the Commission recommended that the Council give green light to open negotiations with Japan on the transfer of Passenger Name Records (PNR). PNR are travel information data … Read more
EU
Terrorism
Data Protection
CJEU: Scope of EU’s Procedural Rights Directives in Procedures Ordering Committal to Psychiatric Hospital
On 19 September 2019, the CJEU delivered a judgment dealing with the applicability and interpretation of the procedural rights directives in a situation where the judicial authorities of a Member State ordered a person be committed to a psychiatric hospital. The case (C-467/18 − … Read more
EU
European Court of Justice (ECJ)
Procedural Safeguards
Spotlight FRA Report on Information about Defence Rights and Rights to Access to a Lawyer
Full access to justice is not guaranteed, at least not in an equal way, because defendants are often poorly informed or access to legal assistance is inadequate. This is one of the main results of a report issued by the European Union Agency for Fundamental … Read more
EU
European Arrest Warrant
Procedural Safeguards
Commission Implementation Report on Access to Lawyer Directive
On 27 September 2019, the European Commission published its implementation report on Directive 2013/48/EU on the right of access to a lawyer. The Directive is one of the six EU procedural rights directives that aim to harmonise safeguards of suspected or accused persons in criminal … Read more
EU
Procedural Safeguards
Regulation on Removal of Internet Content Promoting Terrorism – State of Play
On 24 September 2019, the European Parliament’s LIBE committee backed the position, as agreed by the plenary before May’s European elections, on the proposed Regulation seeking prevention of the dissemination of online content promoting terrorism (for the EP’s resolution of 17 April 2019, see … Read more
EU
Racism and Xenophobia
EP: Plans to Set up a Subcommittee on Tax and Financial Crime
In September 2019, the coordinators of the Economic and Monetary Affairs Committee (ECON) in the European Parliament officially decided to create a permanent subcommittee on tax and financial crime. The initiative was mainly propelled by the Greens/EFL Group, which feels that the new subcommittee is … Read more
EU
Protection of Financial Interests
Tax Evasion
Commission: Benefits of Administrative Cooperation in Direct Taxation Unclear
On 12 September 2019, the Commission presented its first evaluation report on Directive 2011/16/EU regarding administrative cooperation in the field of taxation. The Directive lays down rules and procedures for the cross-border exchange of tax information between the national tax administrations. The Directive has been … Read more
EU
Protection of Financial Interests
Tax Evasion
Spotlight ESAs Concerned about ML/TF Monitoring and Reporting
On 4 October 2019, the European Supervisory Authorities (ESAs) published their second joint opinion on the risks of money laundering (ML) and terrorist financing (TF) affecting the European Union’s (EU) financial sector. The opinion is based on Art. 6(5) of Directive (EU) 2015/849, the … Read more
EU
Money Laundering
Protection of Financial Interests
MEPs Concerned about Member States’ Implementation of EU’s AML Legislation
On 19 September 2019, MEPs adopted a resolution on the state of implementation of the Union’s anti-money laundering legislation. MEPs expressed serious concerns about the lack of implementation of the 4th AML Directive by a large number of Member States and about the fact … Read more
EU
Money Laundering
Council Discusses Way Forward in Prevention of and Fight Against Corruption
At the JHA Council meeting in Luxembourg on 7 October 2019, the justice ministers of the EU Member States held a debate on EU action against corruption. Points of discussion were:Additional action at the EU level to ensure a coordinated, comprehensive and coherent … Read more
EU
Council
Corruption
Council Advances Legislation Against VAT Fraud in E-Commerce
On 8 November 2019, the ECOFIN Council reached a political agreement on future EU legislation that would make VAT-relevant data in e-commerce trade available to anti-fraud authorities. The new rules will oblige payment service providers to keep records of cross-border payments related to e-commerce. These … Read more
EU
Protection of Financial Interests
Spotlight 30th Annual PIF Report
On 11 October 2019, the European Commission published its 2018 report on the protection of the European Union’s financial interests – fight against fraud. It is the 30th annual report, the first report having been published in January 1990. Hence, the 2018 report not … Read more
EU
Protection of Financial Interests
Plans for Europol-New Zealand Operational Agreement
Together with its 20th progress report towards an effective and genuine Security Union, the European Commission addressed a recommendation to the Council to authorise the opening of negotiations for an EU-New Zealand agreement. The initiative aims to allow Europol and New Zealand law enforcement … Read more
Europol
Judicial Cooperation
Law Enforcement Cooperation