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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.

On 1 November 2023, amendments to the European Parliament's Rules of Procedure entered into force. The amendments strengthen integrity, transparency and accountability in the European Parliament (EP) as a response to the Quatargate corruption scandal. They were decided in plenary on 13 September 2023 and …

On 20 September 2023, the EU network against corruption met for the first time. It was established by the EU's anti-corruption package of 3 May 2023. Participants inter alia discussed good practices and trends identified in the 2023 Rule of Law report, such as fight against corruption in seaports, use of technology for prevention and repression of corruption, and education and awareness-raising.

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.