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The plans to establish new rules that enable law enforcement authorities to directly seek the preservation and production of electronically stored data held by private service providers (the “e-evidence proposals”, see eucrim 1/2018, 35-36) face further criticism from civil stakeholders. In February 2019, Fair …

The Council of Bars and Law Societies in Europe (CCBE) scrutinised the U.S. CLOUD Act. It allows U.S. federal law enforcement to compel U.S.-based technology companies to provide requested data stored on servers via warrant or subpoena − regardless of whether the data are stored …

On 28 February 2019, the Council of Bars and Law Societies in Europe (CCBE) eyed recent developments at the EU and international levels to establish legal frameworks for cross-border access of law enforcement authorities to electronic evidence. The CCBE made several recommendations (available in English …

The European Parliament signalled that it is not eager to enter into trilogue negotiations on the proposed European Production and Preservation Orders for electronic evidence in criminal matters before the end of the parliamentary term in May 2019. The Council, however, went ahead with the …

On 2 April 2019, the European Data Protection Supervisor (EDPS) issued anopinion on the Commission’s plans to obtain a mandate from the Council to enter into negotiations with the USA over an agreement on cross-border access to electronic evidence for judicial cooperation in criminal …

The Prosecutor General of Lithuania can be considered a “judicial authority” that can issue European Arrest Warrants, under the condition that his/her decisions are subject to court proceedings fully meeting the requirements inherent to effective judicial protection. It is up to the referring court to …

German public prosecution offices may no longer issue European Arrest Warrants. With this thunderbolt, the CJEU (Grand Chamber) answered two references for a preliminary ruling from Irish courts.BackgroundIn the Joined Cases C-508/18 (OG) and C-82/19 PPU (PI), the …

Victims of crime may give evidence before the criminal court again if it has a new composition. This is the main conclusion of Advocate General Yves Botin his opinion of 14 March 2019 in case C-38/18 (criminal proceedings against Massimo Gambino and Shpetim …

Victims still face many difficulties when accessing justice and compensation. The difficulties are often due to a lack of information, insufficient support, and overly restrictive eligibility criteria or procedural hurdles. For persons who become victims of crime when travelling to another EU country, it can …

The European Parliament and the Council reached a compromise on new EU legislation as regards the protection of whistleblowers. The initiative for a directive that aims to lay down uniform minimum standards for the protection of persons who report unlawful activities or abuse of EU …