Search results

Dear Readers, Cooperation on the part of national courts and executive authorities in the criminal law field is constitutive for the functioning of the area of freedom, security and justice (AFSJ). Focusing on a more or less voluntary cooperation on the part of the national authorities might initially have been an indication of the Member States’ reluctance to also give up sovereignty in the field of criminal law and criminal justice. Today, however, it is clear that the AFSJ cannot be realized without such cooperation. It is therefore of programmatic significance when “cooperation” is expressly referred to in the relevant…

The right of access to the case materials (Art. 7 of Directive 2012/13/EU) is crucial to enable an effective defence and ensure equality of arms in criminal proceedings. However, when it comes to the pre-trial stages of criminal proceedings, Art. 7 of Directive 2012/13/EU is …

Dear Readers, Police work and the administration of justice in general would be impossible without the exchange of personal information. As a member of the Italian judiciary, I can personally attest to this. At the same time, when applying and enforcing the law, judges and the police must themselves operate within the law, including the law of data protection. Until last year, there was no general EU standard on how data should be processed for judicial and law enforcement purposes. The new “Police Directive” (Directive (EU) 2016/680) now fills that void. Though not directly applicable, like its more glamorous counterpart...

With human activity becoming more and more dependent on digital technologies, criminal investigations increasingly depend on digital evidence. Yet the gathering of this type of evidence is far from straightforward. Besides technological challenges, one of the major obstacles that law enforcement authorities encounter is the …

In September 2018, the European Commission presented a draft Regulation on preventing the dissemination of terrorist content online. The proposal builds on EU-level initiatives to foster the voluntary cooperation of service providers in stopping the dissemination of terrorist content online, and it echoes ongoing national …

This article seeks to demystify the recently enacted Clarifying Lawful Overseas Use of Data (CLOUD) Act, enacted in March 2018 by the U.S. government in an effort to address challenges faced by law enforcement in accessing data located across borders. It explains the two parts …

Although the significance of electronic evidence for criminal investigations of any type of criminal offence has been steadily growing for years, respective legal frameworks in all EU Member States are only fragmented – if they exist at all. There is an urgent need for comprehensive …

The article summarises the recent references of German criminal courts to the ECJ seeking guidance on the interpretation of the German procedure for penal orders (Strafbefehlsverfahren). Conformity was sought with regard to the EU directives on the right to interpretation/translation and the right to information. …

Some EU Member States have already adopted broad-ranging whistleblowing legislation because of financial or public health scandals. In this context, the European Parliament suggested a draft directive to protect whistleblowers by offering a “horizontal” approach covering all public and private sectors. In 2018, the European …

Recent scandals, such as Dieselgate, Luxleaks, the Panama Papers, and Cambridge Analytica, came to light thanks to whistleblowers who “raised the alarm” over unlawful activities in the organisation for which they worked. From their position as "insiders," whistleblowers can provide enforcement authorities with key information …