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On 27 June 2019, Advocate General Tanchev delivered his opinion on a reference for a preliminary ruling brought by the Polish Supreme Court (Joined Cases C‑585/18, C‑624/18 and C‑625/18). The referring court casts doubt as to whether the newly created Disciplinary Chamber of the Supreme Court meets the requirements of independence under EU law.

On 20 June 2019, Advocate General Tanchev presented his opinion on whether the new retirement rules for Polish judges and prosecutors violate EU law. The case (C-192/18) is an action for failure to fulfil obligations (Art. 258 TFEU).

On 24 June 2019, the CJEU ruled that the Polish reform lowering the retirement age of the Supreme Court judges is contrary to EU law (Case C-619/18). The Court reviewed the Polish reform law in light of Art. 19(1) subpara. 2 TEU.

In light of a discussion paper by the Finnish Council Presidency, the Ministers of Justice of the EU Member States held a policy debate on strengthening the rule of law ‒ from the perspective of the justice sector.

On 17 July 2019, the European Commission adopted a set of actions to further strengthen the rule of law in Europe. Key aspects are increased awareness, an annual monitoring cycle, and more effective enforcement.

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 …