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On 3 October 2022, the UK-US data access agreement (DAA) entered into force. It obliges each party to ensure their laws permit a telecommunications operator to lawfully respond to direct requests for covered data made by a relevant public authority in the other party’s jurisdiction. It is the first executive agreement concluded by the US government with a foreign country under the US Cloud Act. It can be used instead of government-to-government MLA requests.

On 25 July 2022, the Commission presented the first report on the evaluation and review of Directive 2016/680. According to the report, the LED has generally been transposed in a satisfactory manner, but a number of issues have been identified. It has significantly contributed to a more harmonised and higher level of protection of individuals’ rights and a more coherent legal framework for competent authorities.

On 7 September 2022, the European Digital Rights (EDRi) network published a position paper on the proposed Regulation on automated data exchange for police cooperation, known as “Prüm II”. The position paper raises several critical issues of the proposal, such as the insufficient alignment to the Law Enforcement Directive.

According to a report by the European Court of Auditors, the Commission’s assessment is generally appropriate, but there remain risks to the successful implementation of the national recovery and resilience plans, such as unclear milestones and targets.

On 18 September 2022, the Commission proposed measures against Hungary under the conditionality mechanism. The Council has now one month to adopt the proposed measures, which include the suspension of 65% of commitments for three operational programmes under cohesion policy.

In its judgment in Case C-242/22 PPU (criminal proceedings against TL), the CJEU clarified the interpretation of the need to translate essential documents and to ensure the presence of an interpreter when that document is being drawn up (Art. 2(1) and Art. 3(1) of Directive 2010/64). In addition, the case addresses the right to be informed on the right to interpretation and translation (Art. 3(1)(d) of Directive 2012/13).

On 26 July 2022, the EPPO signed a Memorandum of Understanding and Working Arrangement on cooperation with the United States Department of Justice and the United States Department of Homeland Security. The MoU/WA will facilitate cooperation between the participants in investigations and prosecutions relating to criminal offenses within their respective competences.

In July 2022, the Independent Anti-Corruption Advisory Committee (CCIA) presented a report that provided a first comprehensive analysis of corruption in the financial, banking and insurance systems in Moldova.

At the Justice and Home Affairs Council meeting on 9/10 June 2022, Ministers discussed several issues on how the EU needs to react to the Russian war of aggression against Ukraine.A discussion paper by the French Council Presidency summarised the judicial responses to …

This news item continues the overview in previous eucrim issues of the recent rule-of-law developments in Hungary as far as they relate to European law.