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This news item summarises OLAF’s operational work from January to May 2023 in chronological order.

The EU has evaluated its judicial cooperation instruments based on mutual recognition. The final report of the ninth round of mutual evaluations found that application of instruments in the field of deprivation or restriction of liberty can be further enhanced. Currently, there is no need for legislation at the EU level.

On 10 March, the JHA Council adopted conclusions on the role of the civic space in protecting and promoting fundamental rights in the EU. The conclusions emphasise the essential role freedom of association plays in ensuring a democratic and pluralist society and the proper functioning …

On 07.03.2023, the renewed Schengen Information System (SIS) became operational. The information exchange system contains information on wanted or missing persons, third-country nationals without legal right of residence in the Union and lost or stolen objects (e.g. cars) and can now be used in 30 countries in Europe.

This news item continues the overview of previous eucrim issues reporting on recent rule-of-law developments in Hungary (as far as they relate to European law). The overview follows up the one in eucrim 3/2022, 169-170.

This news item continues the overview of rule-of-law development in Poland (as far as they relate to Europen law) from 1 January to 30 April 2023. They follow-up the last update in → eucrim 4/2022, 222-223.

On 18 April 2023, the CJEU took another important decision on the handling of EAWs if fundamental rights of the requested person are at stake. It decided that a manifest risk endangering the person’s health can justify temporary suspension of his/her surrender. The executing judicial authority is obliged to ask the issuing authority for information concerning the conditions in which it intends to prosecute or detain that person.

The CJEU ruled in the legal battle between the Spanish Supreme Court and Belgian courts regarding the surrender of escaped Catalan politicians after the illegal referendum in Catalonia in 2017. The CJEU clarified that Belgian courts could not refuse the Spanish EAWs on the ground that the criminal court in Spain does not have jurisdiction to try the persons concerned. The judgment has huge importance on fundamental rights checks in the EAW mechanism.

On 14 February 2023, the Council adopted a decision authorising Member States to ratify, in the interest of the EU, the Second Additional Protocol to the Convention on Cybercrime (Budapest Convention). The protocol will improve cross-border access to electronic evidence to be used in criminal proceedings. On 17 January 2023, the EP already gave its consent as required by the TFEU.

After its resolution of 15 December 2022, the EP endorsed further measures in February 2023 that support the overcoming of the "Qatargate" scandal. Next to short-term measures and an extended mandate of the ING2 committee, MEPs call for reforms ensuring better transparency, accountability and integrity of the EU institutions.