Case C-670/22 EncroChat and its implications for cooperation between Member States in criminal matters

In this event, part of the  EU Law Discussion Group Seminar Series Autumn 2024, Cristoffer Wong (Lund University)  will present on the topic of 'Case C-670/22 EncroChat and its implications for cooperation between Member States in criminal matters'

The CJEU delivered, on 30 April 2024, two judgments, both of which on the access to and use of electronic data held by a public authority in a Member State: C 470/21 La Quadrature du Net and C 670/22 EncroChat. While La Quadrature du Net is concerned with a piece of national legislation in a Member State, Encrochat deals with a number of issues involving the interplay between the EU rules on data protection and cooperation between Member States in criminal matters. The seminar will deal with problems specific to the latter area, i.e. cooperation in criminal matters.

The EncroChat judgment can be seen in many ways as a prosecution-friendly decision. The CJEU held, inter alia, that the EIO (European Investigation Order) Directive does not require a competent judicial authority to have the status of a court for the purpose of issuing of a EIO for the transmission of data already in the possession of the authorities of another Member State and that the directive does not preclude the issue of an EIO for the transmission of data obtained through interception. On the other hand, the CJEU also held that in criminal proceedings national courts are required to disregard information and evidence if the defendant is not in a position to comment effectively on that information and on that evidence and such information and evidence are likely to have a preponderant influence on the findings of fact. The seminar will start with a brief presentation of the answered and unanswered questions arising from Encrochat by Cristoffer Wong, the floor is then open for a general discussion of the case’s implication for cooperation in criminal matters between the Member States.

The seminar starts at 12.15, respecting an academic quarter, and involves 20-30 minutes of presentation, followed by 15-30 minutes of discussion. For those interesting in attending outside the Faculty of Law, please register your participation with euldiscussiongroup [at] jur [dot] lu [dot] se (euldiscussiongroup[at]jur[dot]lu[dot]se)

Convenors: Agnė Oseckytė, Sarah de Heer, Caroline Ferngren
Senior Members: Dr Petra Gyöngyi, Dr Aurelija Lukoseviciene and Dr Alezini Loxa

The EU Law Discussion Group is kindly supported by the Lund University Centre for European Studies