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Author: Thomas Wahl

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AG: Conditions of Access to Retained Telecommunications Data for Law Enforcement
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 …
Published 6 years, 1 month ago
News
AG: Data Retention Should Be Strictly Limited
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 …
Published 6 years, 1 month ago
News
German Bar Association Calls for Further Strengthening of Procedural Safeguards in EU
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 …
Published 6 years, 1 month ago
News
CJEU: Accused Person Can Waive Right to be Present at Trial
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 …
Published 6 years, 1 month ago
News
CJEU: Prosecutor Can Balance Defence Rights Against Effective Fraud Prosecution (Kolev II)
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 …
Published 6 years, 1 month ago
News
Terrorist Content Online Regulation – Controversies in Trilogue
On 21 January 2020, the LIBE Committee discussed the Commission proposal for a regulation on preventing the dissemination of terrorist content online (for the proposal, see eucrim 2/2018, 97-98 and the article by G. Robinson, eucrim 4/2018, p. 234). Rapporteur Patryk Jaki (ECR, …
Published 6 years, 1 month ago
News
Eurobarometer: Europeans Attitudes towards Cyber Security
Alongside the presentation of the EU toolbox on joint security measures for 5G networks in January 2020, a special Eurobarometer survey was published that aimed at identifying EU citizens’ awareness, experience, and perception of cyber security. The fieldwork was carried out in October 2019. The …
Published 6 years, 1 month ago
News
EU’s 5G Cybersecurity Toolbox
On 29 January 2020, the Commission tabled an EU toolbox of mitigating measures with the consensus of EU Member States in order to address security risks related to the rollout of 5G, the fifth generation of mobile networks. Ensuring protection of 5G from cybersecurity threats …
Published 6 years, 1 month ago
News
Evaluation of the Tobacco Taxation Directive
On 10 February 2020, the European Commission published the results of its evaluation of Directive 2011/64/EU, which provides for the structure and rates of excise duties on manufactured tobacco (i.e., cigarettes, cigars and cigarillos, fine-cut tobacco for rolling cigarettes, and other smoking tobacco). The …
Published 6 years, 1 month ago
News
Tax Policies in the European Union − 2020 Survey
On 31 January 2020, the European Commission (DG TAXUD) published the fourth edition of its survey on “tax policies in the EU.” The survey examines how Member States’ tax systems perform in respect of the following benchmarks:Stimulating investment and addressing positive and negative externalities; …
Published 6 years, 1 month ago