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In its judgment of 14 September 2023, the ECJ ruled on the extent Member State courts must take account of fundamental rights when it comes to extradition on the basis of the Agreement on the surrender procedure between the EU and Iceland/Norway. In addition, the Court had to decide as to which extent decisions taken in other EU Member States in the extradition case can be taken into account by the executing court.

On 6 September 2023, the General Court (GC) dismissed the action for annulment of parts of the new Europol Regulation brought by the European Data Protection Supervisor (EDPS) as inadmissible. The GC argued that the EDPS is not directly concerned by the contested provisions.

In a recommendation of 15 June 2023, the EP sets up EU standards for the use of spyware. The recommendations endorse the conclusions drawn by the Pegasus scandal which was investigated by a respective Committee of Inquiry since May 2022.

This news item continues the reporting on key EU reactions following the Russian invasion of Ukraine on 24 February 2022 in view of the impact on the EU's internal security policy, criminal law, and the protection of the EU’s financial interests. The overview covers the period from beginning of July 2023 to the end of September 2023. It connects to previous overviews, which were published in the eucrim issues of 2022 and 1/2023.

On 6 September 2023, in Cases T-270/22 and T-272/22, the General Court of the European Union (GC) dismissed the actions brought by Dmitry Alexandrovich Pumpyanskiy and Galina Evgenyevna Pumpyanskaya against the restrictive measures adopted against them by the Council.By decision of the Council …

In May and August 2023, the Commission updated the EU list of high-risk third countries with strategic deficiencies in their anti-money laundering and counter-financing of terrorism (AML/CFT) regimes. Currently, 132 jurisdictions worldwide are subject to review and assessments by the EU institutions since their AML/CFT standard is low.

On 5 July 2023, the Commission published its 4th Rule of Law Report. The Rule of Law Report includes 27 country chapters and examines developments – both positive and negative – across all EU Member States in four key areas for the rule of law.

On 19 September 2023, the European Data Protection Board (EDPB) adopted guidelines on the application of Art. 37 of Directive 2016/680. The guidelines provide practitioners with clarification which conditions must be met if appropriate data protection safeguards in a third country or international organisation are assessed that would allow a data transfer from the EU for law enforcement purposes.

According to Advocate General Ćapeta the execution of a European Arrest Warrant issued against a mother of small children may be refused when that is in the best interest of the child. Such a refusal is possible only if, after having contacted the issuing authority, the executing authority does not have sufficient information in order to be absolutely certain that the execution of the EAW would not go against the best interest of the child.

On 21 September 2023, the ECJ delivered a judgment that assessed whether facts are identical if a criminal carried out a fraudulent pyramid scheme in Spain and Portugal. The judges in Luxembourg were of the opinion that this does not seem the case under the circumstances at issue.