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First CJEU Judgment on European Investigation Order
On 24 October 2019, the CJEU delivered its first judgment interpreting Directive 2014/41/EU regarding the European Investigation Order in criminal matters (Case C-324/17 – Ivan Gazanozov). The case at issue dealt with the particularity of Bulgarian law that does not provide for any …
Published 6 years, 5 months ago
News
Statistics on Use of EAW in 2017
On 28 August 2019, the Commission published statistical data on use of the European Arrest Warrant in 2017. The document, officially entitled “Replies to questionnaire on quantitative information on the practical operation of the European arrest warrant –Year 2017,” compiles data from the …
Published 6 years, 5 months ago
News
CJEU: EAWs Issued from Austrian Public Prosecutor’s Office Valid
After the CJEU decided on 27 May 2019 that the German public prosecution offices lack independence to issue European Arrest Warrants (see joined cases C-508/18 (O.G.) & C-82/19 PPU (P.I.), eucrim 1/2019, pp. 31-33), the CJEU came to a different result as regards the Austrian …
Published 6 years, 5 months ago
News
CJEU: Executing Judicial Authority Must Make Precise Assessment of Detention Conditions
On 15 October 2019, the CJEU (Grand Chamber) further clarified its case law as to the conditions under which the surrender of a person sought by a EAW can be refused because standards of detention in the issuing state infringe the prohibition of inhuman or …
Published 6 years, 5 months ago
News
Entry into Force of Surrender Agreement Between European Union and Norway/Iceland
On 28 June 2006, the European Union, the Republic of Iceland, and the Kingdom of Norway entered into an agreement on the surrender procedure between the Member States of the European Union and Iceland and Norway. The agreement aims at improving the surrender procedure for …
Published 6 years, 5 months ago
News
CJEU: Victims of Crime Can Be Re-Examined if Judge’s Bench Changed
By judgment of 29 July 2019, the CJEU shared the opinion of Advocate General Yves Bot in case C-38/18 (criminal proceedings against Massimo Gambino and Shpetim Hyka), namely that Arts. 16 and 18 of Directive 2012/29/EU establishing minimum standards on the rights, …
Published 6 years, 5 months ago
News
Federal Administrative Court Refers German Data Retention Law to European Court of Justice
On 25 September 2019, the German Federal Administrative Court (Bundesverwaltungsgericht) decided to refer to the European Court of Justice in order to clarify whether the German data retention law is compatible with Union law.The German Federal Administrative Court now has to decide …
Published 6 years, 5 months ago
News
EU Governments Look into Future of Interoperability
After having agreed on the legal framework of the interoperability of EU Information Systems designed for border/migration control and police/judicial cooperation (see eucrim 2/2019, p. 103), delegations from the Member States’ governments are now discussing further extensions. The Finnish Council Presidency continued discussions that …
Published 6 years, 5 months ago
News
Security Union: Commission Wants Mandate for EU-Japan PNR Agreement
During the EU-Asia Connectivity Forum held in Brussels on 27 September 2019, Commission President Jean-Claude Juncker announced that the Commission recommended that the Council give green light to open negotiations with Japan on the transfer of Passenger Name Records (PNR). PNR are travel information data …
Published 6 years, 5 months ago
News
CJEU: Scope of EU’s Procedural Rights Directives in Procedures Ordering Committal to Psychiatric Hospital
On 19 September 2019, the CJEU delivered a judgment dealing with the applicability and interpretation of the procedural rights directives in a situation where the judicial authorities of a Member State ordered a person be committed to a psychiatric hospital. The case (C-467/18 − …
Published 6 years, 5 months ago