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On 7 October 2022, US President Joe Biden signed an Executive Order which is another step in the EU-US efforts to establish a new Trans-Atlantic Data Privacy Framework. The Commission will now draft an adequacy decision and launch the EU's process for its adoption.

In a case concerning French legislation on the access of retained data for the purposes of combating copyright infringements on the internet, AG Szpunar took the view that access to civil identity data linked to IP addresses is compatible with EU law if such data are the only means to identify a suspect.

On 20 September 2022, the CJEU decided that French legislation providing for the general and indiscriminate retention of traffic data for the purpose of combating market abuse offences is incompatible with EU law. In addition, a national court cannot restrict the temporal effects of a declaration that national legislation providing for such retention is invalid.

On 20 September 2022, the CJEU (Grand Chamber) ruled that the German legislation on data retention is incompatible with EU law. The judges in Luxembourg reiterated that EU law precludes national legislative measures which provide, on a preventive basis, for the purposes of combating serious crime and preventing serious threats to public security, for the general and indiscriminate retention of traffic and location data.

On 13-14 October 2022, the Justice and Home Affairs Council met in Luxembourg. The war in Ukraine was again in the focus. Topics included the judicial responses and the fight against impunity in Ukraine, the situation of Ukrainian refugees in the EU and the implications of the war on internal security. In addition, the ministers discussed several other justice and home affairs topics.

At their meeting on 13 October 2022, the Minister of Justice of the EU Member States discussed a note from the Czech Council Presidency that deals with judicial training and its impact on access to justice in the context of the rule of law.

This news item continues the overview of previous eucrim issues of recent rule-of-law developments in Hungary as far as they relate to European law (previous overview → eucrim 2/2022, 83-84). The overview covers the period from the second half of July until the end of October 2022.

This news item continues the overview of recent rule-of-law developments in Poland (as far as they relate to European law) since the last update in eucrim 2-2022, 82-83.

The admissibility of evidence from other proceedings in criminal proceedings is a challenge for the Austrian Code of Criminal Procedure. This is due to the fact that existing provisions first deal with the admissibility of evidence obtained according to the rules of the Austrian Code …

On 23 September 2022, the European Commission presented the 33rd annual report on the protection of the EU’s financial interests and the fight against fraud in 2021. the report stated that 11,218 cases of fraud and irregularities in total were reported. This is a bit less than in 2020. The related irregular amounts increased to €3.24 billion.