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Commission Updates on E-Evidence Negotiations with US and at Council of Europe
At the JHA Council meeting of 2-3 December 2019, the Commission updated the Council on the state of play of the negotiations for an EU-US agreement on cross-border access to e-evidence, on the one hand, and on a second additional Protocol to the Budapest …
Published 6 years, 3 months ago
News
CJEU: No Loopholes against Enforcement of Foreign Fines
On 5 December 2019, the CJEU published an important judgment on the Framework Decision on the application of the principle of mutual recognition to financial penalties (FD 2005/214/JHA). In the case at issue (C-671/18), which was referred to the CJEU by a Polish …
Published 6 years, 3 months ago
News
AG Opinion in EAW Case against Rapper: Legislation at Time of Offence Governs Interpretation of Thresholds
On 26 November 2019, Advocate General (AG) Michal Bobek issued his opinion in the extradition case of rapper Valtònyc. The CJEU has to interpret Art. 2(2) of the 2002 Framework Decision on the European Arrest Warrant (FD EAW) following a request for preliminary ruling …
Published 6 years, 3 months ago
News
CJEU Clarifies its Case Law on Concept of “Judicial Authority” Entitled to Issue EAWs
On 12 December 2019, the CJEU provided further guidance under which conditions public prosecutor’s offices can be regarded as “issuing judicial authority” within the meaning of Art. 6(1) of the 2002 Framework Decision on the European Arrest Warrant (FD EAW). Uncertainties were triggered after the …
Published 6 years, 3 months ago
News
EU-US Reaffirm their Partnership to Tackle Security Threats
On 11 December 2019, representatives of the European Union – including new Commissioner for Justice, Didier Reynders, and the Finnish and Croatian ministers of justice and of the interior on behalf of the current and incoming Council Presidencies – met in Washington D.C. with …
Published 6 years, 3 months ago
News
Council Conclusions on Alternative Measures to Detention
One of the topics high on the agenda of the Finnish EU Council Presidency in the second half of 2019 was the debate on alternative measures to detention (see eucrim 2/2019, p. 109). The topic concerns EU policy debate since many years, but gained …
Published 6 years, 3 months ago
News
Council Gives Green Light for UK Exchange of Fingerprint Data via Prüm Network
On 2 December 2019, the JHA Council formally approved the United Kingdom’s participation in the Prüm fingerprint exchange system. After having concluded that the UK has fully implemented the general provisions on data protection for the purpose of Prüm automated data exchange with regard to …
Published 6 years, 3 months ago
News
Council Conclusions on Victims’ Rights
The Finnish EU Council Presidency addressed the subject of victims’ rights. During the Presidency, delegations of the EU Member States agreed on conclusions on victims’ rights that were adopted at the JHA Council meeting on 2-3 December 2019. The conclusions first take stock of the …
Published 6 years, 3 months ago
News
Whistleblowing Directive Published
On 26 November 2019, Directive 2019/1937 “on the protection of persons who report breaches of Union law” was published in the Official Journal (L 305, p. 17). The European Parliament and the Council already agreed on the content of the Directive in April 2019. …
Published 6 years, 3 months ago
News
EDPS: New Proportionality Guidelines
On 19 December 2019, the European Data Protection Supervisor issued guidelines on assessing the proportionality of measures that limit the fundamental rights to privacy and to the protection of personal data. The guidelines aim at providing policymakers and legislators with practical tools to help assess …
Published 6 years, 3 months ago