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Author: Thomas Wahl

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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, 5 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, 5 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, 5 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, 5 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, 5 months ago
News
CJEU: Executing Judicial Authority Must Make Precise Assessment of Detention Conditions
On 15 October 2019, the CJEU (Grand Chamber) further clarified its case law as to the conditions under which the surrender of a person sought by a EAW can be refused because standards of detention in the issuing state infringe the prohibition of inhuman or …
Published 6 years, 5 months ago
News
CJEU: Victims of Crime Can Be Re-Examined if Judge’s Bench Changed
By judgment of 29 July 2019, the CJEU shared the opinion of Advocate General Yves Bot in case C-38/18 (criminal proceedings against Massimo Gambino and Shpetim Hyka), namely that Arts. 16 and 18 of Directive 2012/29/EU establishing minimum standards on the rights, …
Published 6 years, 5 months ago
News
EU Governments Look into Future of Interoperability
After having agreed on the legal framework of the interoperability of EU Information Systems designed for border/migration control and police/judicial cooperation (see eucrim 2/2019, p. 103), delegations from the Member States’ governments are now discussing further extensions. The Finnish Council Presidency continued discussions that …
Published 6 years, 5 months ago
News
Security Union: Commission Wants Mandate for EU-Japan PNR Agreement
During the EU-Asia Connectivity Forum held in Brussels on 27 September 2019, Commission President Jean-Claude Juncker announced that the Commission recommended that the Council give green light to open negotiations with Japan on the transfer of Passenger Name Records (PNR). PNR are travel information data …
Published 6 years, 5 months ago
News
CJEU: Scope of EU’s Procedural Rights Directives in Procedures Ordering Committal to Psychiatric Hospital
On 19 September 2019, the CJEU delivered a judgment dealing with the applicability and interpretation of the procedural rights directives in a situation where the judicial authorities of a Member State ordered a person be committed to a psychiatric hospital. The case (C-467/18 − …
Published 6 years, 5 months ago