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On 31 May 2018, the Commission proposed a proposal for a new regulation on taking of evidence in civil proceedings. It takes stock of the existing regulation (from 2001), but provides for a number of changes to remove legal uncertainty and to promote electronic communications. Parliament adopted its legislative resolution on the proposal on 13 February 2019. The main points of Parliament's position include modifying the definition of the term 'court', to mean any authority in a Member State that ...

In der Richtlinie 2011/93/EU zur Bekämpfung des sexuellen Missbrauchs und der sexuellen Ausbeutung von Kindern sowie der Kinderpornografie, die im Dezember 2011 erlassen wurde, werden Mindestnormen für die Definition von und Strafen für derartige Straftaten festgelegt und Bestimmungen erlassen, um die Prävention dieser Verbrechen wie auch den Opferschutz zu verbessern. In der Plenartagung im Dezember wird das Parlament voraussichtlich eine Aussprache über einen Bericht über die Umsetzung der Richtlinie ...

This Research Paper examines the costs of non-Europe in the field of organised crime. It provides an interdisciplinary analysis of the main legal/ethical, socio-political and economic costs and benefits of the EU in policies on organised crime. It offers an in-depth examination of the transformative contribution that the EU has made, in terms of investigation, prosecution and efficiency, to trans-border operational activities and the protection of its citizens’ rights. Finally, it seeks to answer ...

This study was commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee. The study compares US and the EU legal frameworks on data protection in the field of law enforcement. It reviews US and EU principal legal sources of data protection legislation in the law enforcement and national security context and identifies rights available to individuals. The study further considers newly introduced or proposed US laws ...

At the request of the LIBE Committee, this study assesses the extent to which EU Member States have delivered accountability for their complicity in the US CIA-led extraordinary rendition and secret detention programme and its serious human rights violations. It offers a scoreboard of political inquiries and judicial investigations in supranational and national arenas in relation to Italy, Lithuania, Poland, Romania and the United Kingdom. The study takes as a starting point two recent and far-reaching ...

Upon request by the LIBE Committee, this study surveys the US legal system of data protection in the field of federal law enforcement. It reviews two principal sources of US data protection law, the Fourth Amendment to the US Constitution and the Privacy Act of 1974. It also considers the legally prescribed methods of data collection, together with their associated data protection guarantees, in ordinary criminal investigations and national security investigations. Throughout, the study pays special ...

The European Investigation Order

Auf einen Blick 20-02-2014

The proposed directive on the European Investigation Order is aimed at setting up a comprehensive system for obtaining evidence in criminal cases with a cross-border dimension. Whereas this mutual recognition instrument is supposed to facilitate much greater cooperation across the EU, it also raises concerns over the protection of fundamental rights.

India is a comparatively unsafe country for women. The gang rape and murder of a young woman in Delhi in December 2012 gave rise to mass protests and a worldwide debate about violence against women in India. Rapes, "femicide" and "dowry deaths" also raised questions about the general position of women in Indian society.

Professor Manfred Nowak, former UN Special Rapporteur on torture, who co-authored in 2010 a major UN report on secret detention with a global scope, concludes that the currently available information underscores the necessity for establishing independent institutions to conduct prompt investigations into any allegation of secret detention. Victims of secret detention should be provided with effective remedies and adequate reparation. He also calls on the European Institutions to support the recommendations ...