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CCBE Position on Europol Reform
In a position paper issued on 6 May 2021, the Council of Bars and Law Societies of Europe (CCBE) criticised various aspects of the Commission proposal on a reform of current Europol Regulation 2016/794, which was tabled in December 2020. In the paper, the CCBE informs the EU legislator and policy makers about several standards that should be upheld in the Europol Regulation and makes several recommendations:
Published 5 years, 1 month ago
News
Justice Ministers Debate on DSA
Following the Commission proposal on a Digital Services Act (DSA) – presented in December 2020 (→ eucrim 4/2020, 273-274) – the ministers of justice of the EU Member States held a debate on the plans to combat illegal content online at the JHA Council …
Published 5 years, 1 month ago
News
Commission Initiates Public Discussion on Tax Avoidance Schemes by Shell Companies
On 4 June 2021, the Commission launched a public consultation on which action should be taken to curb the use of shell entities or legal arrangements for tax evasion purposes. The Commission points out that the EU has provided powerful instruments to tax administrations in …
Published 5 years, 1 month ago
News
Commission Endorses Adequacy Decision for South Korea
On 16 June 2021, the Commission initiated the procedure for adopting the adequacy decision for personal data transfers to the Republic of Korea. It will cover transfers of personal data to the Republic of Korea’s commercial operators and public authorities.
Published 5 years, 1 month ago
News
CJEU Ruled on the Powers of National Data Protection Authorities
In its ruling of 15 June 2021 in Case C-645/19, the CJEU (Grand Chamber) explained the conditions for the exercise of the powers of national supervisory authorities in cross-border processing of data. The CJEU held, that, under certain conditions, a national supervisory authority may exercise its power to bring alleged infringements of the GDPR before a court of that Member State (here: Belgium) even if it is not the lead authority in relation to that processing.
Published 5 years, 1 month ago
News
Recent JHA-Relevant Infringement Procedures
This news item provides an overview of the opening or progress of several infringement procedures in the area of justice and home affairs / security law and PIF. The Commission provided an update on 9 June 2021.
Published 5 years, 1 month ago
News
Brexit: EP Criticises Commission’s Draft Adequacy Decisions
In a resolution adopted on 21 May 2021 with a narrow majority of 344 against 311 votes, the European Parliament found that the European Commission’s assessment of the UK data protection law and practice is incomplete and inconsistent with the CJEU’s requirements for adequacy decisions. …
Published 5 years, 1 month ago
News
EP: Commission Must Halt Adequacy Decisions that Do Not Comply with CJEU’s Standards
As a reaction to the CJEU ruling in Schrems II, the European Parliament made several requests in a resolution adopted on 20 May 2021. Among other things, the Commission is requested to halt the adoption of new adequacy decisions with third countries without taking into account the implications of EU court rulings and ensuring full GDPR compliance.
Published 5 years, 1 month ago
News
ECtHR Ruled in LuxLeaks Case
In a judgment of 11 May 2021, the European Court of Human Rights (ECtHR) found no violation of the freedom of expression (Art. 10 ECHR) when courts in Luxembourg convicted an insider that helped bring to light Luxembourgish tax avoidance schemes (widely known as …
Published 5 years, 1 month ago
News
Budget Conditionality: EP Ready to Take Commission to CJEU
In a resolution of 10 June 2021, the EP made clear that it will sue the Commission for failure to act if it does not apply the 2020 Regulation setting out the rules on the protection of the EU's financial interests in the event of rule-of-law breaches.
Published 5 years, 1 month ago