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25 Organisations Demand Fundamental Rights-Based Approach to E-Evidence Legislation
In a joint letter of 14 September 2020, a coalition of 25 organisations calls on the members of the EP’s LIBE Committee to ensure that forthcoming legislation on e-evidence contains procedural safeguards for journalists, doctors, lawyers, social workers, etc. The signatories, which include professional …
Published 5 years, 2 months ago
News
E-Evidence Legislation – State of Play
At a videoconference on 9 October 2020, the German Council Presidency informed the justice ministers of the state of play regarding the e-evidence legislative proposals, submitted by the Commission in April 2018 ( → eucrim 1/2018, 35-36). The proposals – one for a …
Published 5 years, 2 months ago
News
Draft for EP Resolution on EAW
On 3 September 2020, MEP Javier Zarzalejos (EPP, ES), member of the LIBE Committee, presented the first draft of a resolution by the EP on the implementation of the European Arrest Warrant. According to Zarzalejos, the EAW system is a success, and the limited …
Published 5 years, 2 months ago
News
EAW and Ireland: Commission Initiates Infringement Procedure
In October 2020, the Commission initiated an infringement procedure against Ireland for not complying with the FD EAW. The Commission believes that Ireland has failed to comply with the mandatory time limits for executing EAWs. In addition, the Commission criticises that Ireland introduced additional grounds …
Published 5 years, 2 months ago
News
Legal Experts Call for Political Intervention after EAW Suspensions
Against the background that more and more national courts tend to suspend cooperation with Poland due to rule of law concerns, the Meijers Committee – an independent group of experts on international immigration, refugee and criminal law –urge politicians to increase pressure on the concerned …
Published 5 years, 2 months ago
News
AG: No Automatic Non-Execution of EAWs Issued by Poland
At the end of July 2020, the Rechtbank Amsterdam referred to the CJEU the question of whether the "real risk" of an unfair trial due to the lack of independence of the Polish judiciary could justify a general ban on the execution of European Arrest …
Published 5 years, 2 months ago
News
CJEU Delivers Judgment on Speciality Rule
On 24 September 2020, the CJEU ruled on a reference from the German Federal Court of Justice (Bundesgerichtshof) in an urgent preliminary ruling procedure (Case C-195/20 PPU [Generalbundesanwalt beim Bundesgerichtshof v XC]). The case concerned interpretation of the speciality rule …
Published 5 years, 2 months ago
News
New Translation of German Act on International Cooperation in Criminal Matters Published
The Federal Ministry of Justice and Consumer Protection in collaboration with the Federal Office of Justice published a new translation of the German Act on International Mutual Assistance in Criminal Matters (Gesetz über die internationale Rechtshilfe in Strafsachen - IRG). The translation not only includes …
Published 5 years, 2 months ago
News
ECBA: Principles on the Use of Video-Conferencing in Criminal Cases
In September 2020, the European Criminal Bar Association (ECBA) issued a statement setting out principles on the use of video-conferencing in criminal cases in a post-COVID-19 world. The ECBA observed that, faced with the challenges of the COVID-19 pandemic, judicial authorities in Europe …
Published 5 years, 2 months ago
News
Advocate General: CJEU Should Give Up Petruhhin Decision
AG Gerard Hogan recommends that his colleagues on the Luxembourg judges’ bench no longer follow the judgement in Petruhhin (C-182/15 à eucrim 3/2016, 131). The AG explains the legal and practical difficulties in the application of the maxim in the Petruhhin judgment (Opinion in Case C-398/19 (BY - extradition to Ukraine)).
Published 5 years, 2 months ago