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EU CTC: Influence of 5G Technology on Law Enforcement
At the JHA Council meeting of 7 June 2019, the EU Counter Terrorism Coordinator (EU CTC) updated ministers on the implications of the new generation of wireless technology 5G on law enforcement and judicial operations. Read more
Thomas Wahl
EU
Security Union
Law Enforcement Cooperation
CCBE: Legality of E-Evidence Proposal Even More Questionable After CJEU’s Judgements on “Judicial Authorities”
In a statement of 29 May 2019, the CCBE looks into the impact of the CJEU’s judgements of 27 May 2019 on the concept of judicial authority on the debated proposal for a Regulation on European Production and Preservation Orders for e-evidence in criminal matters. The CCBE argues that the exclusion of public prosecution offices not possessing the necessary independence to be a judicial authority underpins the arguments against the legality of the e-evidence proposal. Read more
EU
European Arrest Warrant
Law Enforcement Cooperation
Data Protection Authorities and EDPS Assess Impact of US CLOUD Act
Following a request to the EP LIBE Committee, the EDPB and the EDPS adopted a joint initial legal assessment of the impact of the US CLOUD Act on the EU legal data protection framework and the mandate for negotiating an EU-US agreement on cross-border access to electronic evidence for judicial cooperation in criminal matters. The legal assessment focuses on compliance of the US CLOUD Act with the requirements of Arts. 6, 48, and 49 of the GDPR. Read more
EU
Law Enforcement Cooperation
E-Evidence: Commission Obtains Mandates for EU-US Agreement and Negotiations in Council of Europe
After the respective recommendations put forward by the Commission (see eucrim 1/2019, p. 41), the Council gave two mandates to the Commission to negotiate on behalf of the EU agreements on access to e-evidence. The mandates endorsed on 6 June 2019 refer to:Conclusion of … Read more
EU
Law Enforcement Cooperation
Spotlight EU Creates New Central Database for Convicted Third Country Nationals
The European Parliament and the Council have established the legal framework that will facilitate the exchange of information on past convictions of third-country nationals (TCNs). The new legislation responds to the problem that the current ECRIS, which was put in place in 2012, does not sufficiently address the particularities of requests concerning third-country nationals. Read more
EU
Criminal Records
CJEU: Executing MS Must Ensure Enforcement of Foreign Custodial Sentences against Residents
Poplawski II
In a judgement delivered on 24 June 2019 in case C-573/17, the CJEU made fundamental statements on consequences of the primacy of Union law, the importance of interpretation in conformity with Union law, and the extent of limits to these principles. The legal background … Read more
EU
European Arrest Warrant
Follow-up to the CJEU’s Judgments on the Concept of “Issuing Judicial Authority”
Following the judgments of the CJEU in the case C-509/18 (PF) and Joined Cases C-508/18 (O.G.) & C-82/19 PPU (P.I.) - clarifying the criteria as to when public prosecution offices can be regarded as judicial authority within the meaning of Art. 6(1) FD EAW - Austria, Denmark, Italy, and Sweden issued notes clarifying the status of their public prosecution offices, which are to be regarded as judicial authorities in the opinion of these Member States. Read more
EU
European Arrest Warrant
Clarifying the Concept of ‘Issuing Judicial Authority’ under the EAW
Eurojust compiled a country-by-country overview based on Member States' reactions to the judgments of the CJEU in joined cases C-508/18 (OG) and C-82/19 PPU (PI) and case C-509/18 (PF) on the interpretation of the concept of "an issuing judicial authority" within the meaning of Art. 6(1) Framework Decision 2002/584/JHA on the European Arrest Warrant. Read more
Cornelia Riehle LL.M.
EU
Eurojust
European Arrest Warrant
Infringement Proceedings Against Ireland For Failure to Transpose Several Mutual Recognition Instruments
On 25 July 2019, the Commission sent reasoned opinions to Ireland for having failed to transpose a number of framework decisions strengthening judicial cooperation in criminal matters and implementing the principle of mutual recognition. Read more
EU
Judicial Cooperation
Council: The Way Forward in the Field of Mutual Recognition in Criminal Matters
The Romanian Council Presidency continued the debate on the future of mutual recognition in criminal matters. Following the Council conclusions on mutual recognition in December 2018, it compiled a report giving an overview of the current challenges in EU judicial cooperation in criminal matters. Read more
EU
Judicial Cooperation
Finnish Council Presidency: Alternatives to Detention as Partial Solution for More Effective Mutual Recognition
The Finnish Council Presidency, which began on 1 July 2019, continued discussions initiated by previous Presidencies on how more effective judicial cooperation in criminal matters can be ensured and how current obstacles to the implementation of the principle of mutual recognition can be overcome. One particular focus is on alternatives to detention. Read more
EU
Judicial Cooperation
Prüm Cooperation: Agreements with Switzerland and Liechtenstein
On 27 June 2019, the EU signed agreements with Switzerland and Liechtenstein allowing the two countries to participate in the police cooperation scheme established by the so-called Prüm decisions. The core of the Prüm legal framework is the speedy and efficient exchange of police information, especially as regards DNA profiles, dactyloscopic data (fingerprints), and data on vehicles and their owners. Read more
EU
Police Cooperation
Victims’ Rights Directive: Commission Initiates Infringement Proceedings Against Nine Member States
On 25 July 2019, the Commission decided to open infringement proceedings against nine EU Member States for not having completely transposed Directive 2012/29/EU on the rights, support and protection of victims of crime. Read more
EU
Victim Protection
Art. 54 CISA and Red Notices
German Administrative Court Casts Doubt on Reliability of Interpol
Whether the maintenance of Red Notices by Interpol is in line with a person’s right to free movement within the European Union is the subject of a reference for preliminary ruling by the Adminstrative Court of Wiesbaden, Germany, launched on 27 June 2019. Read more
EU
Ne bis in idem
Council: The Way Forward in Data Retention
The Council remains committed to establishing a European regime on the retention of electronic communication data for the purpose of fighting crime. Following the conclusions on data retention drawn under the Austrian Council Presidency in December 2018, the JHA Council again adopted conclusions in the matter at the end of the Romanian Council Presidency at its meeting on 6 June 2019. Read more
EU
Law Enforcement Cooperation
Data Protection
PNR Collection Also for Maritime and Railway Traffic?
The Finnish Council Presidency intensifies discussion on whether the scope of the EU’s Directive on the use of passenger name record (PNR) data for the prevention, detection, investigation, and prosecution of terrorist offences and serious crime (Directive (EU) 2016/681) should be broadened. In a discussion paper, tabled on 25 June 2019, the Finnish Presidency invites the other Member States to discuss the usefulness and benefits of gathering PNR on other travelling forms. Read more
EU
Law Enforcement Cooperation
Data Protection