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“More countries declined than improved in overall rule of law performance for the second year in a row, continuing a negative slide toward weaker rule of law around the world.” This is one of the main findings of the annual worldwide rule of law index …

After Poland and Hungary, Romania is likely to become the third EU country that may face the consequences of the EU’s Article 7 procedure (for this procedure, see eucrim 2/2018, p. 80 and the article by Cassese, eucrim 1/2018, p. 72). After the Romanian …

If the national legislation of an EU Member State does not provide for legal remedies, by means of which the substantive reasons for an investigative measure requested by a European Investigation Order (EIO), cannot be challenged, this Member State is not entitled to use the EIO instrument. This far-reaching legal ramification was proposed by Advocate General Yves Bot in his opinion of 11 April 2019 in case C-324/17 (criminal proceedings against Ivan Gavanozov)

On 30 April 2019, AG Sánchez-Bordona presented his opinion in case C-128/18 (Dumitru-Tudor Dorobantur). The request for a preliminary ruling goes back to a demand by the Federal Constitutional Court that the referring court must ask the CJEU to further determine the factors relevant to the assessment of the detention conditions in the issuing State.

In its judgment of 12 February 2019, the CJEU dealt with the implication of non-compliance with the time limits for the decision to execute a European Arrest Warrant on maintaining the requested person’s extradition detention. The CJEU ultimately had to decide whether the Dutch law implementing Framework Decision 2002/584/JHA on the European Arrest Warrant (FD EAW) and the case law of the Amsterdam courts could be upheld against Art. 6 of the Charter of Fundamental Rights of the EU (CFR).

On 5 February 2019, the Commission presented two recommendations to the Council that would allow the Commission to negotiate international rules for obtaining electronic evidence. The first recommendation relates to a possible “executive agreement” with the U.S. within the framework of the U.S. CLOUD Act …

The EP rapporteur in the LIBE committee responsible for the Commission proposal on law enforcement access to e-evidence, Birgit Sippel (S&D, Germany), voiced further criticism (see already eucrim 4/2018, 206). After a first working document (see ibid), Sippel and co-rapporteurs/shadow rapporteurs examined the following …

At the meeting on 8 January 2019, the Council (General Affairs) approved conclusions on the Commission’s second progress report on the Implementation of the EU Strategy and Action Plan for Customs Risk Management. The Council, inter alia, welcomed the participation of customs …

In February 2019, the European Parliament published a study that examined abuse by some states of Interpol’s notice system to persecute national human rights defenders, civil society activists, and critical journalists in violation of international standards of human rights. The study, entitled “Misuse of …

At the JHA Council meeting on 7 March 2019, the Home Affairs Ministers of the EU Member States discussed achievements made in the past five years in the area of home affairs and the challenges ahead. The debate must be seen in the context of …