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Author: Thomas Wahl

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Lisbon Treaty: 10 Years Area of Freedom, Security and Justice
On 1 December 2019, the new European Commission under the lead of its new President, Ms Ursula von der Leyen, marked the tenth anniversary of the entry into force of the Treaty of Lisbon. The 1st of December 2019 also marked ten years of …
Published 6 years, 1 month ago
News
EDPS Opinion on E-Evidence Proposal
On 6 November 2019, the European Data Protection Supervisor (EDPS) issued his opinion on the new EU legal framework for gathering e-evidence in cross-border cases (for the Commission proposal, see eucrim 1/2018, pp. 35-36).The EDPS endorses the objective of ensuring quick and effective …
Published 6 years, 2 months ago
News
EP Report on EU E-Evidence Legislation Advocates Strengthened Safeguards
After the EP elections, the EP Conference of Presidents decided in October 2019 that work should resume on the EU e-evidence rules. The e-evidence package consists of two proposals tabled by the European Commission in April 2018 (see eucrim 1/2018, pp. 35-36): a Regulation on …
Published 6 years, 2 months ago
News
NGOs Urge U.S. Congress to Oppose US-UK CLOUD Act Agreement
On 29 October 2019, twenty privacy, civil liberties, and human rights organizations jointly addressed U.S. Congress committee chairmen to stop the US-UK CLOUD Act Executive Agreement signed on 3 October 2019. It will allow direct access by the party’s law enforcement bodies to personal data …
Published 6 years, 2 months ago
News
MEPs Critical of EU-US E-Evidence Negotiations
At a hearing on 7 November 2019 at the EP’s LIBE Committee, MEPs called for meeting EU data protection standards within the framework of possible future data exchanges by means of the U.S. CLOUD Act. The CLOUD Act allows U.S. law enforcement authorities to request …
Published 6 years, 2 months ago
News
US and UK Sign Bilateral E-Evidence Agreement
On 3 October 2019, the United States and the United Kingdom signed the first agreement allowing the other party’s law enforcement authorities, when armed with appropriate court authorisation, to go directly to tech companies based in the other country to access electronic data in order …
Published 6 years, 2 months ago
News
E-Evidence: Start of Negotiations on EU-US Agreement
On 26 September 2019, the European Commission announced the start of formal negotiations with the United States Department of Justice on an EU-US agreement to facilitate access to electronic evidence in criminal investigations. Both parties reaffirmed their intention to conclude an agreement as quickly as …
Published 6 years, 2 months ago
News
First CJEU Judgment on European Investigation Order
On 24 October 2019, the CJEU delivered its first judgment interpreting Directive 2014/41/EU regarding the European Investigation Order in criminal matters (Case C-324/17 – Ivan Gazanozov). The case at issue dealt with the particularity of Bulgarian law that does not provide for any …
Published 6 years, 2 months ago
News
Statistics on Use of EAW in 2017
On 28 August 2019, the Commission published statistical data on use of the European Arrest Warrant in 2017. The document, officially entitled “Replies to questionnaire on quantitative information on the practical operation of the European arrest warrant –Year 2017,” compiles data from the …
Published 6 years, 2 months ago
News
CJEU: EAWs Issued from Austrian Public Prosecutor’s Office Valid
After the CJEU decided on 27 May 2019 that the German public prosecution offices lack independence to issue European Arrest Warrants (see joined cases C-508/18 (O.G.) & C-82/19 PPU (P.I.), eucrim 1/2019, pp. 31-33), the CJEU came to a different result as regards the Austrian …
Published 6 years, 2 months ago