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Author: Thomas Wahl

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CJEU: Member States Must Sufficiently Compensate Victims
The Italian Supreme Court of Cassation referred questions on the applicability of Directive 2004/80/EC as regards compensation to crime victims and the amount of compensation provided therein. On 16 July 2020, the Grand Chamber of the CJEU delivered its judgment on the case (C-129/19 …
Published 5 years, 10 months ago
News
Commission Unsatisfied with Transposition of Victims’ Rights Directive
The full potential of the 2012 Victims’ Rights Directive (Directive 2012/29/EU) has not yet been reached. The implementation of the Directive is not satisfactory. This is particularly due to incomplete and/or incorrect transposition. These are the main conclusions of the recent Commission implementation …
Published 5 years, 10 months ago
News
Commission: Directive on European Protection Order Underused in Practice
The legislative implementation of Directive 2011/99/EU on the European Protection Order (EPO) in criminal matters is satisfactory, in particular the mechanism for recognising EPOs. The EPO has been applied only in few cases in practice, however; its full potential has not been reached. These are …
Published 5 years, 10 months ago
News
EDPS Report on Data Protection Impact Assessments in EU Institutions
On 6 July 2020, the European Data Protection Supervisor (EDPS) published a report on how EU institutions, bodies, and agencies (EUIs) carry out Data Protection Impact Assessments (DPIAs) when processing information that presents a high risk to the rights and freedoms of natural persons. DPIAs …
Published 5 years, 10 months ago
News
EDPS Statement on GDPR Evaluation: Stronger European Solidarity Needed for Enforcement
The European Data Protection Supervisor (EDPS), Wojciech Wiewiórowski, welcomed the European Commission’s review of the General Data Protection Regulation (GDPR – see separate news item). In a statement issued on 24 June 2020, he especially agrees that the GDPR has strengthened the …
Published 5 years, 10 months ago
News
Commission Evaluation Report on GDPR
On 24 June 2020, the European Commission published its first report on the evaluation and review of the General Data Protection Regulation (GDPR). The report comes two years after the Regulation became applicable on 25 May 2018. As stipulated by Art. 97 of the GDPR, …
Published 5 years, 10 months ago
News
CJEU: Petitions Committees in German State Parliaments Subject to GDPR & Referring Court is Independent
On 9 July 2020, the CJEU ruled on the reference for a preliminary ruling of the Administrative Court of Wiesbaden in Case C-272/19. The reason for the referral was the question of whether a parliamentary petitions committee is subject to the General Data Protection …
Published 5 years, 10 months ago
News
EU-US Data Transfers: CJEU Shatters Privacy Shield − Schrems II
In response to questions referred by the Irish High Court, the CJEU’s Grand Chamber ruled on 16 July 2020 in case C-311/18 that Commission Decision 2016/1250 on the adequacy of the protection provided by the EU-US Privacy Shield was invalid. By contrast, Commission Decision 2010/87 …
Published 5 years, 10 months ago
News
Access to Lawyer despite Absence of Investigating Judge
The CJEU ruled that Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings must be interpreted in the light of Art. 47 of the EU Charter of Fundamental Rights (CFR) as meaning that the right cannot be delayed to the suspected …
Published 5 years, 10 months ago
News
Commission: Companies with Links to Tax Havens Should Not Receive Public Money
On 14 July 2020, the Commission made recommendations for a coordinated approach by all EU Member States not to grant State aids to companies that have links to countries that are featured on the list of non-cooperative tax jurisdictions. Restrictions should also apply to companies …
Published 5 years, 10 months ago