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EU law does not preclude national legislation, which provides that a court may order the confiscation of illegally obtained assets following proceedings that were not subject either to a finding of a criminal offence or, a fortiori, the conviction of the persons accused of …

On the occasion of the European Day for Victims of Crime on 22 February 2020 and following the xenophobic/racist attacks in Hanau/Germany on 19 February 2020, Commission Vice-President Věra Jourová and Commissioner for Justice Didier Reynders announced a new Commission strategy for victims’ rights …

At its 17th plenary meeting on 28/29 January 2020, the European Data Protection Board (EDPB) adopted guidelines on the processing of personal data through video devices. The guidelines take into account a prior public consultation on the topic (see eucrim 2/2019, p. 105). …

On 19 February 2020, the Commission unveiled its plans and actions for a European data strategy. The new Commission under President Ursula von der Leyen set the ambitious goal that the EU become the leading role model for a society empowered by data to …

On 18 February 2020, the Council gave green light to the Commission to start negotiations with Japan on an agreement on the transfer and use of passenger name record (PNR) data. The Council endorsed the respective negotiating directives recommended by the Commission in September 2019 …

Advocate General Giovanni Pitruzzella presented his opinion on the Estonian data retention law, advising on how Member States may arrange the contentious retention of personal data for law enforcement purposes while keeping in line with Union law (opinion of 21 January 2020, Case C-746/18 …

Advocate General (AG) Manuel Campos Sánchez-Bordona advocates that the CJEU’s rather restrictive case law on the retention of personal data and access to these data by law enforcement or intelligence authorities should be upheld. Following the judgment in the Joined Cases C-203/15, Tele2 Sverige, and …

The German Bar Association (Deutscher Anwalt Verein − DAV) called on the establishment of additional minimum guarantees for procedural rights within the EU. In its statement No 5/20 of January 2020, the association assesses the state of play of procedural safeguards in the EU …

The CJEU ruled on the conditions under which the non-appearance of accused persons at certain trial hearings for reasons either within or beyond their control is compatible with Union law. The concrete case deals with the provisions of the Bulgarian Criminal Code of Procedure on …

In Case C-612/15 (criminal proceedings against Nikoley Kolev, Stefan Kostadinov, judgment of 5 June 2018, see eucrim 2/2018, pp. 99/101), the CJEU ruled that Union law, i.e., the obligation to protect the EU’s financial interests in accordance with Art. 325(1) TFEU, precludes national …