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In September 2023, the German Federal Law Society and the German Bar Association criticised the Commission's draft for a directive on combating corruption. Accordingly, the draft disregards the principles of proportionality and subsidiarity and extends civil law obligations into the area of criminal law.

As part of an anti-corruption package presented on 3 May 2023, the Commission tabled a proposal for a new directive on combating corruption. It aims to update and harmonise EU rules on definitions and penalties for corruption offences to ensure high standards against the full range of corruption crimes. It also provides also for preventive measures against corruption.

In a Joint Communication of 3 May 2023, the Commission and the High Representative of the Union for Foreign Affairs and Security Policy give an overview of the EU anti-corruption framework and how anti-corruption can be further mainstreamed into EU policy design. The Joint Communication is part of the anti-corruption package, which includes a proposal for a Directive to combat corruption by criminal law.

Bodies managing EU funds still face several challenges with the use of digital tools. Such shortcomings have an impact on the effective protection of the EU’s financial interest. This is one of the main conclusions in a report presented by the European Court of Auditors …

On 20 June 2023, the Commission proposed a targeted revision of the MFF to equip the MFF with the means to ensure that the EU can meet its legal obligations and address the most urgent priorities.

After five years of negotiations, the Council and the European Parliament (EP) finally adopted the legislative acts that will introduce a new system for the gathering of electronic evidence in criminal proceedings in the EU. This Spotlight provides a summary of the key features of the new legal framework, in particular as regards the obligations for and rights of the main actors.

On 20 June 2023, the Commission adjusted and complemented its 2021 proposal to establish new own resources for the EU budget (→ eucrim 2021, 213-214). The initiative (document: COM(2023) 331) comes after the Council had not shown much willingness to proceed with the …

In its decision granting discharge for the Commission, the EP reiterated its view that the weak control system for EU’s recovery funds could lead to misuse. Furthermore, the EP stressed taht EU Member States must respect rule of law to receive Union funds and called for new rules regulating NGOs’ access to EU money.

On 10 July 2023, the European Commission adopted its adequacy decision for the EU-U.S. Data Privacy Framework (DPF). The decision concludes that the United States ensures an adequate level of protection - essentially equivalent to that of the European Union. Personal data can now be transferred from the EU to US companies which are certified and comply with the obligations under the DPF. Civil rights defenders already announced that they will challenge the DPF before the CJEU.

On 28 September 2023, First Advocate General (AG) Szpunar confirms his viewpoint that the retention of and access to civil identity data linked to the IP address used is to be permitted if this data represents the only clue for establishing the identity of persons who have committed copyright infringements exclusively on the internet.