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The following overview provides court verdicts in EPPO cases. It evaluates EPPO's news reports from October to December 2023 and continues the overview in → eucrim 2/2023, 128-129.

This news item provides an overview of EPPO's main operational activities from 1 October to 15 November 2023. It continues the periodic reports of the last issues (→ eucrim 2/2023, 124-128) and is in reverse chronological order.15 November 2023: Within the framework of …

On the eve of the International Anti-Corruption Day, the European Commission affirmed the EU's commitment to fight corruption in particular also at the global level.

On 12 October 2023, the ECJ delivered a judgment in which it clarified the methods to asses the requirement of "same facts" under the principle ne bis in idem enshrined in Art. 54 CISA and Art. 50 CFR.

On 31 October 2023, the German Federal Constitutional Court (FCC) declared a provision void that allowed the reopening of criminal proceedings if new evidence comes to light with regard to very severe offences. The legal basis - Section 362 no. 5 of the German Criminal Procedure Code is incompatible with the German Constitution's double jeopardy rule.

On 9 November 2023, the ECJ decided that Union law obliges a criminal court to inform the accused person of a new envisaged legal classification of the criminal act in due time (Case C-175/22, BK). Bulgarian criminal procedure law as interpreted by the Bulgarian courts conflicts with this principle.

On 28 November 2023, the Commission presented a bundle of measures to reinforce the prevention and fight against migrant smuggling. A new Directive will replace the current legal framework on the facilitation of unauthorised entry, transit and stay in the EU. A new Regulation is designed to strengthen police cooperation in the fight against migrant smuggling with a central, more important role of Europol.

On 16 November 2023, the Commission decided to refer Poland to the CJEU for failure to communicate the measures transposing into national legislation Directive 2013/48/EU on the right of access to a lawyer and to communicate upon arrest. The Commission has mainly blamed Poland for …

The EU and the UN have fostered their collaboration in the fight against corruption. On 5 October 2023, the second EU-UNODC Anti-Corruption Dialogue was held in Vienna. On 13/14 November 2023, the review for the implementation of the UNCAC in the EU was continued by an evaluation visit coordinated by UNODC.

According to a review report, the Commission does not share the same conclusion as the ECA does on specific expenditure areas. Estimates as regards the error rate considerably diverge between the two EU bodies.