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On 7 December 2018, under the Austrian Presidency, the JHA Council agreed on its position on a proposal for a regulation on European production and preservation orders for e-evidence in criminal matters. Meanwhile, the European Parliament dampened expectations that it will finalise the legislation by the end of the parliamentary term in May 2019.

On 6 December 2018, the CJEU delivered its judgment in Case C-551/18 PPU, which concerns the execution of a European Arrest Warrant (EAW) issued against IK. The judgment mainly concerns the interpretation of Art. 8 FD EAW (entitled “content and form of an EAW”), but also Art. 15 (communication of supplementary information) and Art. 27 (rule on speciality).

On 13 December 2018, the CJEU decided on a request for a preliminary ruling that concerned the interpretation of Art. 4 No. 6 FD EAW in conjunction with the divergent levels of sanctioning among the EU Member States.Facts of the CaseIn the case …

The Korkein oikeus (Finnish Supreme Court) referred to the CJEU to know whether (and, if yes, how) the concept established in the CJEU's Petruhhin judgment not only applies to extraditions for the purpose of prosecution but also to those for the purpose of enforcing custodial sentences. The Grand Chamber of the CJEU delivered its judgment in this case (C-247/17 – Denis Raugevicius) on 13 November 2018.

At their meeting of 7 December 2018, the EU Member States’ Ministers for Justice adopted Council conclusions on mutual recognition in criminal matters. The conclusions contain several calls on the Member States and the Commission.

The European Parliament and the Council adopted a regulation on the mutual recognition of freezing orders and confiscation orders. The new legal framework (Regulation (EU) 2018/1805) was published in the Official Journal of the EU of 28 November 2018 (O.J. L 303/1). The Regulation replaces the provisions of Framework Decision 2003/577/JHA as regards the freezing of property and Framework Decision 2006/783/JHA as of 19 December 2020.

At the Council meeting of 6-7 December 2018, the JHA ministers of the EU Member States reiterated their support for EU-wide legislation on data retention. They encouraged the continuation of work at the expert level to develop a new concept after the 2006 "date retention Directive" was declared void by the CJEU in 2014.

The European Union has a new legal framework for the protection of personal data processed by Union institutions, bodies, offices and agencies. The underlying Regulation (EU) 2018/1725 repeals Regulation (EC) No 45/2001 and Decision No 1247/2002/EC which date back to the pre-Lisbon era and did not cover the processing of personal data within all Union institutions and bodies.

At its meeting of 6 December 2018, the JHA Council adopted its general approach to the proposed regulation on preventing the dissemination of terrorist content online. This proposal had been submitted by the European Commission on 12 September 2018, following a call by EU leaders in June. For the proposal, see eucrim 2/2018, pp. 97-98 and the article by G. Robinson.

On 12 December 2018, MEPs adopted a resolution that contains over 225 recommendations for tackling the threat of terrorism.