The right to speak with a lawyer will be guaranteed in the whole EU

The European Commission will guarantee suspects’ rights to speak with a lawyer and inform family of arrest. In addition, they would have the right to contact their country’s consulate, if they are outside of their country.

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The European Data Protection Supervisor evaluation shows Data Retention Directive does not meet privacy requirements

The European Data Protection Supervisor (EDPS) adopted an opinion on the European Commission's Evaluation Report on the Data Retention Directive in which the EDPS takes the view that the Directive does not meet the requirements imposed by the fundamental rights to privacy and data protection.

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The Council stressed its commitment to continue with a more effective implementation of the Charter

At the General Affairs meeting held on the 23 of May, the Council stated among other conclusions that it is its responsibility the application of the Charter of Fundamental rights of the European Union as well as informing citizens about the scope of application of the Charter without prejudice to the competences of the Member States. In addition, the Council adopted a Decision authorising the Commission to negotiate the accession agreement of the European Union to the European Convention on Human Rights and laying down the negotiation directives.

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Proposed EU legislation for better protection of crime victims

Since the entry into force of the Lisbon Treaty, the EU has an explicit competence to legislate on the rights of victims of crime. Thus, the European Commission is proposing a package of measures to ensure a minimum level of rights, support and protection for victims across the EU, no matter where they come from or live.

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The ECJ considers that the spouses of EU citizens can not claim citizenship of the EU in all cases

In particular, EU citizens who have never exercised their right of free movement cannot invoke Union citizenship to regularise the residence of their non-EU spouse.

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Commission remains committed to publication of beneficiaries of EU farm aid

Following the publication of new rules, EU Member States Ministries of Agriculture are required to publish before April 30 2011 detailed figures on all legal persons (companies) which are beneficiaries of Common Agriculture Policy (CAP) funding in 2010.

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ECJ considers that might not be compatible Italian legislation and European law on expulsion and repatriation

The Directive on the return of illegal immigrants precludes national rules imposing a prison term on an illegally staying third-country national who does not comply with an order to leave the national territory. A penalty such as that provided for by the Italian legislation is liable to jeopardise the attainment of the objective of introducing an effective policy for removal and repatriation in keeping with fundamental rights.

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EC evaluates the Directive on retention of telecommunications data

The European Commission adopted an evaluation report of the Data Retention Directive which established data retention as a response to urgent security challenges, following major terrorist attacks in Madrid in 2004 and in London in 2005. In concrete, it evaluates how Member States have transposed the Directive and assesses the use of retained data and the impact on operators and consumers.

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EU Member States can improve how European arrest warrant is used

European arrest warrant provides an efficient tool for extraditing people suspected of an offence from one EU country to another. The Commission's report assesses how Member States have implemented the European arrest warrant since 2007 and concludes that even if it fights cross-border crime, EU Member States can improve how the system operates.

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EU Court of Justice rules against total prohibition of canvassing in regulated professions

The Court of Justice of the European Union, in a Judgement dated 5 April 2011, ruled over a question referred by the French Conseil d'État regarding the general prohibition to engage in canvassing for regulated professions, as regards to the application of the Services Directive. The Court considers that such prohibition, which in this particular case affected qualifies accountants, in relation to canvassing can be considered a total prohibition of commercial communications in conflict with the Directive.

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Commission proposes electronic version of the Official Journal of the European Union to get legal status

The European Commission proposed on 4 April to grant legal status to the electronic edition of the Official Journal of the European Union. Until this moment, only the printed edition was legally valid, but with this proposal EU citizens and businesses across Europe will have more legal certainty and save time and money. The proposal follows a trend at national level where all EU countries have electronic official journals, more than half of which have full legal status.

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Although report shows good progress Commission will be tough on fundamental rights enforcement

The First Annual Report on the application of the EU Charter of Fundamental Rights put forward by the European Commission shows that fundamental rights are relevant across a wide range of policies and that public interest in the Charter runs high. However, and despite the letter received by the Commission from the public in general regarding fundamental rights, the report also highlights that the Charter is frequently misunderstood.

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