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On 21 September 2023, the ECJ delivered a judgment that assessed whether facts are identical if a criminal carried out a fraudulent pyramid scheme in Spain and Portugal. The judges in Luxembourg were of the opinion that this does not seem the case under the circumstances at issue.

According to the ECJ's Grand Chamber judgment, the option of refusing to execute a European Arrest Warrant in order for the sentence to be executed in the Member State of residence must be equally applicable to third-country nationals The judicial authority must assess whether there is a legitimate interest justifying the execution in its territory of the sentence imposed in the issuing Member State.

On 12 July 2023, the Commission proposed that the EU will have in place more far-reaching minimum standards for victims of crime. The legislative initiative amends the 2012 Victims' Rights Directive (2012/29). The amendments aim at improving support, access to information and justice, and the obtainment of compensation. Targeted measures will also be introduced for vulnerable victims, such as children or people with disabilities.

The Italian competition and market supervisory authority can no longer impose an administrative fine on Volkswagen (VW) for the installation of inadmissible defeat devices in their diesel vehicles after VW had received and paid a fine from the public prosecutor's office in Germany in the meantime and in the same context. This was decided by the ECJ in Case C-27/22 on 14 September 2023, following Advocate General Sanchez-Bodona's opinion of 30 March 2023.

On 17 May 2023, the Commission put forward proposals for the most ambitious and comprehensive reform of the EU Customs Union since its establishment in 1968. The aim is that simplify customs processes and make them smarter and safer, including by means of an increased use of Artificial Intelligence, a new EU database and a new EU Customs Authority.

On 15 September 2023, the European Commission formally closed the Cooperation and Verification Mechanism (CVM) for Bulgaria and Romania. The Commission concluded that all benchmarks had been satisfactorily met by both Member States.

On 11 May 2023, the ECJ ruled on the compatibility of the Romanian reform of the organisation of the judiciary that rearranged the Judicial Inspectorate and led to a concentration of powers in the hands of the Chief Inspector. The case (C-817/21, Inspecţia Judiciară …

This news item continues the overview of rule-of-law developments in Poland (as far as they relate to European law) from 1 May to 31 October 2023. They follow up the overview in → eucrim 1/2023, 4-5.

On 7 September 2023, the ECJ ruled on the scope of Directives 2012/13 on the right to information in criminal proceedings and (EU) 2013/48 on the right of access to a lawyer in criminal proceedings when persons are subjected to a strip search for drug possession and the seizure of illegal substances or assets.

In a judgment of 25 May 2023, the ECJ clarified the applicability of Directive 2012/13 on the right to information in criminal proceedings as well as the modalities, timing and the level of detail of information, which must be given to suspects. The case concerned a reference for a preliminary ruling by the Sofia District Court, Bulgaria.