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News
Commission Presents European Data Strategy
On 19 February 2020, the Commission unveiled its plans and actions for a European data strategy. The new Commission under President Ursula von der Leyen set the ambitious goal that the EU become the leading role model for a society empowered by data to …
Published 6 years, 2 months ago
News
Council Endorses Start of Negotiations on EU-Japan PNR Deal
On 18 February 2020, the Council gave green light to the Commission to start negotiations with Japan on an agreement on the transfer and use of passenger name record (PNR) data. The Council endorsed the respective negotiating directives recommended by the Commission in September 2019 …
Published 6 years, 2 months ago
News
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, 2 months 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, 2 months 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, 2 months ago
Event
Anti-Money Laundering for the Judiciary and Law Enforcement Agencies
The online seminar will address the current European anti-money laundering landscape and focus on the changes that have and are being implemented since the adoption of the fourth, fifth and sixth Anti-Money Laundering Directives and the new Directive on enhancing FIU cooperation and access to financial information. It will also highlight national challenges and actions that have been taken to address them, including the recently adopted proposals and changes in relation to tackling money
Published 6 years, 2 months ago
Event
Right to a Fair Trial (Art. 6 ECHR) – Recent ECtHR Case Law
The online seminar will provide participants with a detailed insight into the recent case law of the European Court of Human Rights on the right to a fair trial under Article 6 of the European Convention on Human Rights and Fundamental Freedoms, with a focus on the most important judgments since 2018. The training will provide the participants with the necessary tools to identify and address human rights violations relating to Article 6 and apply that provision in domestic proceedings.
Published 6 years, 2 months 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, 2 months 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, 2 months 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, 2 months ago