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Author: Thomas Wahl

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Infringement Proceedings for Not Having Transposed EU Data Protection Directive
On 25 July 2019, the Commission lodged an infringement action against Greece and Spain before the CJEU for having failed to transpose Directive 2016/680 regarding the protection of personal data by law enforcement authorities. On the same day, the Commission started an infringement procedure against Germany for not having completely transposed Directive 2016/680.
Published 6 years, 8 months ago
News
Works on Interoperability of EU Information Systems Can Start – Legal Framework Established
On 22 May 2019, the new rules establishing a framework for interoperability between EU information systems in the field of borders and visa (Regulation (EU) 2019/817) and in the field of police and judicial cooperation, asylum and migration (Regulation (EU) 2019/818) were published in the Official Journal of the European Union.
Published 6 years, 8 months ago
News
Fair Trials: Study on Threats to Presumption of Innocence Regarding Presentation of Suspects in Criminal Proceedings
On 3 June 2019, Fair Trials – a NGO that stands for improving respect for a fair trial in accordance with international standards – released a report on key threats to the presumption of innocence if suspects are presented in public environment.
Published 6 years, 8 months ago
News
CJEU: Italian Law Differentiating Applicability of Negotiated Settlements in Line with EU Law
In its judgment of 13 June 2019 in case C-646/17 (Gianluca Moro), the CJEU ruled that Union law does not preclude domestic procedural rules that allow the accused person to request a negotiated penalty after the beginning of the trial only if there is a change in the accusation that is of a factual nature and not when the change is of a legal nature.
Published 6 years, 8 months ago
News
All Procedural Rights Directives Now Apply
The transposition period for the directive on special safeguards for children in criminal proceedings (Directive 2016/800) ended on 11 June 2019. Together with the directive guaranteeing access to legal aid (Directive 2016/1919), which had to be transposed by 25 May 2019, it is the last piece of legislation that had to be implemented according to the 2009 Roadmap for strengthening procedural rights.
Published 6 years, 8 months ago
News
Evaluation of the EU-US Agreement on Tracing Terrorist Financing
On 22 July 2019, the Commission presented the “joint review of the implementation of the Agreement between the European Union and the United States of America on the processing and transfer of Financial Messaging Data from the European Union to the United States for the purposes of the Terrorist Finance Tracking Program.” It is the fifth evaluation report on the agreement which entered into force on 1 August 2010.
Published 6 years, 8 months ago
News
Council Conclusions on Radicalisation in Prisons
At its meeting on 7 June 2019, the home affairs ministers/ministers of the interior of the EU Member States adopted Council conclusions on preventing and combatting radicalisation in prisons and on dealing with terrorist and violent extremist offenders after release. The Council pointed out that effective measures in this area must urgently be taken.
Published 6 years, 8 months ago
News
New Sanctioning Regime against External Cyber-Attacks
The Council has established a framework that allows the EU to impose restrictive sanctions against external cyber-attacks threatening the Union or its Member States. The framework comes in response to recent malicious cyberattacks that originated or were carried out outside the EU and affected the EU Member States’ critical infrastructure, competitiveness, and/or state functions.
Published 6 years, 8 months ago
News
Cybersecurity Act Introduces Cybersecurity Certification and Strengthens EU’s Cybersecurity Agency
On 7 June 2019, the EU added another piece of cybersecurity legislation: the “Cybersecurity Act” . It introduces a framework for European Cybersecurity Certificates and reinforces the mandate of the EU Agency for Cybersecurity (ENISA).
Published 6 years, 8 months ago
News
Commission: Directive on Protecting the Euro by Criminal Law Must be Transposed More Efficiently
The Commission is not fully satisfied as to how Member States have transposed Directive 2014/62/EU on the protection of the euro and other currencies against counterfeiting by criminal law.
Published 6 years, 8 months ago