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European Public Prosecutor’s Office Implementing Law Approved in Portugal
On 10 September, 2019, Portugal published Law no. 112/2009 implementing the EPPO Regulation. The law mainly deals with the procedures for the nomination and the status of the Portuguese European Public Prosecutor and Portuguese European Delegated Prosecutors.
Published 6 years, 9 months ago
News
EU CTC: Influence of 5G Technology on Law Enforcement
At the JHA Council meeting of 7 June 2019, the EU Counter Terrorism Coordinator (EU CTC) updated ministers on the implications of the new generation of wireless technology 5G on law enforcement and judicial operations.
Published 6 years, 9 months ago
News
CCBE: Legality of E-Evidence Proposal Even More Questionable After CJEU’s Judgements on “Judicial Authorities”
In a statement of 29 May 2019, the CCBE looks into the impact of the CJEU’s judgements of 27 May 2019 on the concept of judicial authority on the debated proposal for a Regulation on European Production and Preservation Orders for e-evidence in criminal matters. The CCBE argues that the exclusion of public prosecution offices not possessing the necessary independence to be a judicial authority underpins the arguments against the legality of the e-evidence proposal.
Published 6 years, 9 months ago
News
Data Protection Authorities and EDPS Assess Impact of US CLOUD Act
Following a request to the EP LIBE Committee, the EDPB and the EDPS adopted a joint initial legal assessment of the impact of the US CLOUD Act on the EU legal data protection framework and the mandate for negotiating an EU-US agreement on cross-border access to electronic evidence for judicial cooperation in criminal matters. The legal assessment focuses on compliance of the US CLOUD Act with the requirements of Arts. 6, 48, and 49 of the GDPR.
Published 6 years, 9 months ago
News
E-Evidence: Commission Obtains Mandates for EU-US Agreement and Negotiations in Council of Europe
After the respective recommendations put forward by the Commission (see eucrim 1/2019, p. 41), the Council gave two mandates to the Commission to negotiate on behalf of the EU agreements on access to e-evidence. The mandates endorsed on 6 June 2019 refer to:Conclusion of …
Published 6 years, 9 months ago
News
EU Creates New Central Database for Convicted Third Country Nationals
The European Parliament and the Council have established the legal framework that will facilitate the exchange of information on past convictions of third-country nationals (TCNs). The new legislation responds to the problem that the current ECRIS, which was put in place in 2012, does not sufficiently address the particularities of requests concerning third-country nationals.
Published 6 years, 9 months ago
News
CJEU: Executing MS Must Ensure Enforcement of Foreign Custodial Sentences against Residents
In a judgement delivered on 24 June 2019 in case C-573/17, the CJEU made fundamental statements on consequences of the primacy of Union law, the importance of interpretation in conformity with Union law, and the extent of limits to these principles. The legal background …
Published 6 years, 9 months ago
News
Follow-up to the CJEU’s Judgments on the Concept of “Issuing Judicial Authority”
Following the judgments of the CJEU in the case C-509/18 (PF) and Joined Cases C-508/18 (O.G.) & C-82/19 PPU (P.I.) - clarifying the criteria as to when public prosecution offices can be regarded as judicial authority within the meaning of Art. 6(1) FD EAW - Austria, Denmark, Italy, and Sweden issued notes clarifying the status of their public prosecution offices, which are to be regarded as judicial authorities in the opinion of these Member States.
Published 6 years, 9 months ago
News
Clarifying the Concept of ‘Issuing Judicial Authority’ under the EAW
Eurojust compiled a country-by-country overview based on Member States' reactions to the judgments of the CJEU in joined cases C-508/18 (OG) and C-82/19 PPU (PI) and case C-509/18 (PF) on the interpretation of the concept of "an issuing judicial authority" within the meaning of Art. 6(1) Framework Decision 2002/584/JHA on the European Arrest Warrant.
Published 6 years, 9 months ago
News
Infringement Proceedings Against Ireland For Failure to Transpose Several Mutual Recognition Instruments
On 25 July 2019, the Commission sent reasoned opinions to Ireland for having failed to transpose a number of framework decisions strengthening judicial cooperation in criminal matters and implementing the principle of mutual recognition.
Published 6 years, 9 months ago