Suchergebnisse

Intro -- Contents -- Abbreviations -- 1 Introduction -- References -- 2 EU-UK Cooperation Before 1 February 2020 -- References -- 3 EU-UK Cooperation During the Transition Period -- 4 EU-UK Cooperation After the Transition Period-State of Play -- 4.1 Withdrawal Agreement -- 4.2 Political Declaration -- 4.3 EU Negotiating Position -- 4.3.1 EU Negotiating Mandate -- 4.3.2 EU Draft Agreement on the New Partnership with the UK -- 4.4 UK Negotiating Position -- 4.4.1 UK Negotiation Mandate -- 4.4.2 UK Draft Agreement on Law Enforcement and Judicial Cooperation in Criminal Matters -- 4.5 Negotiations -- References -- 5 EU-UK Cooperation After the Transition Period-Possible Scenarios -- 5.1 Form of the Future Cooperation -- 5.2 Content of the Future Cooperation -- 5.2.1 Europol -- 5.2.2 Eurojust -- 5.2.3 Criminal Records -- 5.2.4 Prüm-DNA, Dactyloscopic Data and Vehicle Registration Data -- 5.2.5 PNR -- 5.2.6 SIS -- 5.2.7 Surrender -- 5.2.8 MLA Agreement -- 5.2.9 Data Protection -- 5.2.10 Jurisdiction of the CJEU -- References -- 6 Conclusion -- References -- Index.

Abstract
The redesign of data protection in the police and judicial area is intended to create uniformity at the European level for the citizens of EU Member States. This scientific article analyses the subject of data protection in law enforcement and judicial cooperation in criminal matters. The focus is primarily on the existing provisions and the latest developments of the EU with regard to Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA. The international level with regard to data protection in the police and judicial area and possible changes due to the developments in data protection under European law are also examined in more detail.

In police and judicial cooperation in criminal matters within the EU, security seems to take precedence over justice. This article addresses the question of whether recent developments in the EU, and especially the adoption of the Roadmap to procedural safeguards and the entry into force of the Lisbon Treaty, will lead to a re-balancing of security and justice. The conclusion is that the scope of the Roadmap is too limited and more a duplication of what is covered by the ECHR. It therefore does not fill the procedural rights gap in police and judicial cooperation in the EU that currently exists. If the EU legislature does not fill this gap, it is to be hoped that the European Court of Justice will continue to play its role as the guardian of fundamental rights.

Role and respect for human rights in international law, is of particular significance. Human rights and fundamental freedoms have traditionally been treated with internal legal acts and over time their treatment and respect made the responsibility also based on international law. The importance and the respect of the human rights of citizens in different stages during their arrest make this process even more important. Large mobility of citizens in our time from one place to another place, except the good things has created the circumstances that citizens of different nationalities to commit different criminal offenses. In this process, different persons can be arrested by a state and to handed over in another state. States during international legal cooperation in criminal issues faced with conditions and proceedings which in the context of treatment of persons can also come to the violation or injury of the rights of extradited persons. During their arrest and in subsequent stages these persons are subject to the treatment of the competent state bodies. Therefore arises the needs also of the treatment and respect for their basic rights at all stages until their handover to the state which required. The issues as discrimination and standards of human rights during the process of extradition of a wanted person for the purposes of prosecution or punishment because of race, religion, gender, nationality, political opinion, ethnicity, language, hendicapped, sexual orientation, will be treated in detail in this paperwork. Regulation of the proceedings and their respect for the cathegory of these persons that are trated based on international convention and legal internal acts is a factor of enforcement of international standards. DOI:10.5901/mjss.2014.v5n19p564

The new European framework for the protection of personal data on freedom, security and justice is embodied, among other instruments, in EU Directive 2016/680 on the protection of natural persons with regards to the processing of personal data by competent authorities for criminal law purposes. This Directive protects fundamental rights, such as the right to the protection of personal data, as well as ensuring a high level of public security by facilitating the exchange of personal data between competent authorities within the Union, with the establishment of a legal system on the transfer of personal data.

O autor parte do reconhecimento da existência da atual crise – à semelhança da crise no pós-guerra – para elaborar sobre o significativo percurso no âmbito da cooperação judiciária penal na União Europeia, que acompanhou, por sua vez, a evolução da integração política. A União Europeia encontra-se hoje numa etapa crucial no que respeita à construção de uma jurisdição penal plena, caminho esse parametrizado pelo Tratado de Lisboa, nomeadamente quanto à criação de uma Procuradoria Europeia. Esta poderá vir a desenhar-se como um órgão "federal", com uma atuação concentrada e uniforme para todo o território da União Europeia, como espaço natural da sua jurisdição territorial. ; The author firstly recognizes the existence of the current crisis – similar to the crisis in post-war Europe – to elaborate on the significant path that criminal judicial cooperation in the European Union undertook, sustained by the evolution of political integration. Today the European Union is at a crucial stage in regards to the construction of a full criminal jurisdiction, particularly regarding the creation of a European Public Prosecutor's Office, as parameterized by the Lisbon Treaty. This is likely to emerge as a "federal" agency, with a concentrated and uniform action throughout the territory of the European Union, as the natural area of its territorial jurisdiction.