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The European Parliament gave green light for EU Member States to ratify the Second Additional Protocol to the Convention on Cybercrime. The Council can now adopt the act enabling Member States to act jointly in the interest of the EU and ratify the CoE treaty.

In November 2022, the European Parliament and the Council reached a provisional political agreement on the future EU legislation on obtaining e-evidence across the bloc, while civil society organisations urged the co-legislators to substantially improve the protection of fundamental rights.

On 22 December 2022, the Commission presented new figures on the training of judicial professionals on EU law in 2021. They show an upward trend for the training of some groups of legal professionals (e.g. lawyers) while others (e.g. judges) have not reached the level of pre-pandemic years.

According to AG Sánchez-Bordona, a serious heath risk to a person subject to surrender by means of a European Arrest Warrant may justify a postponement of surrender, but not a refusal to execute the EAW with no further justification. The executing authority is obliged to communicate with the issuing authority.

On 22 December 2022, the CJEU clarified its case-law on the extradition of Union citizens to a third state for the purpose of enforcing a custodial sentence. The case follows up to the CJEU's 2018 judgement in Raugevicius.

On 29 November 2022, the Czech Council Presidency and the European Parliament reached a provisional agreement on the proposal for a Directive on information exchange between law enforcement authorities of Member States.

In a report on the final evaluation of the Customs 2020 programme, the Commission concluded that the programme has been effective in achieving its objectives and has contributed significantly to the improvement of the functioning and modernisation of the Customs Union. Nevertheless, some improvements are suggested.

On 8 December 2022, the CJEU delivered one of the first comprehensive judgments on the interpretation of Directive 2016/680 which protects personal data in law enforcement activities (“LED”). It also gave important hints on the delineation between the LED and the General Data Protection Regulation (GDPR – Regulation 2016/679).

On 8 December 2022, the European Commission presented a recommendation on detention conditions. It follows-up to demands to improve the situation on detention conditions in the EU since divergences had a negative impact on mutual trust and judicial cooperation within the bloc.

According to media reports, representatives of EU Member States in the Council JHA working party blocked the approval of an agreement between Europol and Israel, which would allow the exchange of personal data for the purpose of combating serious crime and terrorism.