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In a special report on the Recovery and Resilience Facility (RRF), the European Court of Auditors (ECA) warned that EU Member States might not be able to draw down or absorb the funds in time and complete their planned measures before the RRF expires in August 2026. As a result, the expected economic and social benefits might not be achieved.

This news item summarises OLAF’s operational work between 1 July and 30 September 2024 in reverse chronological order. It follows the reports on operations supported by OLAF in → eucrim 1/2024, 17-18.

In an order of 4 July 2024, the ECJ dealt with procedural effects of the EncroChat case. The reference for preliminary ruling (Case C-288/24, M.R. v Staatsanwaltschaft Berlin or “Stegmon”) only indirectly concerns the criminal investigations related to EncroChat. The question …

On 18 June 2024, the ECJ ruled that an EU Member State cannot extradite a third-country national to his country of origin if he has been granted refugee status by another EU Member State. As long as this status has not been revoked or withdrawn, extradition may not take place. The ECJ added that the authorities in the EU Member States involved must cooperate.

On 29 July 2024, the ECJ delivered an important judgment on the conditions under which surrender of a person can be granted by a EU Member State to the United Kingdom (UK). The Court interpreted the fundamental rights clause enshrined in the Trade and Cooperation Agreement (TCA) between the European Union and the United Kingdom and held that the surrender mechanism under the TCA differs from the one provided by the EU’s Framework Decision on the European Arrest Warrant.

In a judgment of 11 September 2024, the General Court (GC) strengthened the rights of whistleblowers who brought to light incidents within European institutions. The GC clarified the scope of protective measures to be provided by the institution.

In its landmark judgment of 30 April 2024, the ECJ specified the requirements for the access to retained identification data on the basis of IP addresses. With this judgment, the ECJ partly deviates from its strict approach on data retention and admits law enforcement access to identity data in order to combat criminal offences of piracy in the internet.

In its judgment of 30 April 2024, the ECJ clarified under which conditions law enforcement authorities can have access to a set of traffic and location data in the context of criminal investigations.

In its judgment of 5 September 2024, the ECJ ruled that several provisions of the Polish Code of Criminal Procedure and legal practices are incompatible with the rights of minors charged with a criminal offence. The Court particularly blamed the Polish police for not having guaranteed the assistance by a lawyer during the first questioning of the minor and for not having him adequately informed of his rights.

On 24 July 2024, in parallel to its 2024 Rule of Law Report (→ related link), the Commission released the results of two Eurobarometer surveys on the perception of corruption in the EU:Special Eurobarometer 548 - Citizens’ attitudes towards corruption in the EU (2024); …