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The very least that one can say or write about the cooperation in criminal matters between the EU and the US is that it has intensified since 2001. The EU and its bodies that deal with criminal matters – Eurojust and Europol – have concluded agreements with US authorities. However, the data protection provisions in several of these agreements have raised eyebrows. The exchange of personal data is a crucial tool in judicial and law enforcement cooperation in criminal matters. The EU as an entity, but also Eurojust and Europol, entered into negotiations with the US in order to regulate…

The article examines the “data protection gap” in EU law concerning the transfer of personal data from private companies to law enforcement authorities for criminal investigations. While commercial data processing falls under the proposed regulation and police/judicial processing under the proposed directive, transfers between the …

In spring of 2014, the Court of Justice published two rulings that are remarkable for different reasons and share one common trait: both judgments fall short of expectations. One of the tasks of the Court of Justice is interpretation of EU legal acts by means of preliminary rulings. National judges may request the Court to clarify provisions of EU law or even the validity of an EU legal instrument. In the past decades, this has led to several landmark rulings that have shaped EU law.1 Through its jurisprudence, the Court has established a number of fundamental principles by giving elaborate…