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Combating Crime in the Digital Age: a Critical Review of EU Information Systems in the Area of Freedom, Security and Justice in the Post-Interoperability Era

Challenges for Criminal Law and Personal Data Protection

In: Brill Research Perspectives in Transnational Crime
Authors:
Athina Giannakoula Aristotle University of Thessaloniki

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Dafni Lima Aristotle University of Thessaloniki

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Maria Kaiafa-Gbandi Aristotle University of Thessaloniki

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Abstract

This article provides a systematic and critical account of EU information systems in the area of freedom, security and justice, with the aim of establishing the contemporary links between information sharing and criminal law in the EU and of evaluating its impact on individuals. To this end, Part 1 offers a systemisation and critical assessment of the essential elements of the pertinent systems (ECRIS, ECRIS-TCN, Prüm, PNR, Europol, SIS, Eurodac, VIS, EES, ETIAS) and of the new interoperability regime under Regulation (EU) 2019/818, from the perspective of their objective to prevent and combat serious crime and to ensure a high level of security in the EU. In Part 2 the article explores personal data protection law, police law and criminal procedure law, in order to propose safeguards and limitations for effectively regulating this rapidly evolving framework and addressing the growing challenges for fundamental legal principles and individual rights. In this respect, the authors put forward concrete views and ideas, on the basis of their central suggestion that the issue discussed falls within the context of an emerging precognitive paradigm of criminal law.

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