Justice and Interior ministers from the EU28 will be in Brussels on Thursday 8 and Friday 9 December to examine the European Prosecutor question and the directive on protecting the EU’s financial interests (PFI), along with the sensitive subject of reform of the Dublin system and the concept of effective solidarity insofar as it concerns interior ministers. No formal decisions are expected from the Justice and Home Affairs Council apart from the confirmation on Friday of the agreement reached on 5 December on systematic controls at Schengen external borders (see EUROPE 11685).
The ministers will have pretty detailed discussions on their agenda. On Thursday, in the ‘Justice’ section, the ministers will hold a policy debate on the draft Regulation to establish a European prosecutor to combat fraud in the EU budget.
Good work has been done on these issues and the European Commission hoped in October that it would be possible to conclude the question in December, but the Dutch parliament is blocking the European prosecutor. There is also reluctance from Sweden, but unanimous voting is required. The idea of strengthened cooperation may be mooted because a diplomatic source explained on Wednesday 7 December that the majority of member states desire to push on.
Some countries, including France, reportedly wanted to do more than simply discuss the policy, wanting a general approach to be agreed upon. They want the Council meeting to at least restate the desire to make progress on this issue. The question of the European prosecutor is connected with the directive on the protection of the EU’s financial interests (PFI). Over lunch, talks will continue on the prosecutor question if there are outstanding issues not discussed in the morning. Otherwise, the justice ministers will return to the initial assessment of the code of conduct for internet giants to withdraw radical or violent online content. A draft code of conduct was unveiled by the European Commission on 7 December (see EUROPE 11685).
On Thursday afternoon, ministers will examine penal justice in cyberspace. They will focus on the enciphering of electronic communications, a subject important to a number of member states, particularly France and Germany, which have produced a number of common positions on the subject.
The two countries want the Commission to issue draft legislation if appropriate on the duties of internet operators. The above diplomatic source says it is not acceptable for information to be unavailable to police authorities investigating acts of terror.
On Friday, interior ministers will discuss the draft regulation on the entry/exit system (for which the European Summit will call for faster action according to a draft conclusions document dated 5 December). The system as presented is not satisfactory for a number of countries, including France, which wants it to apply to European citizens. At the moment, it would only record the comings and goings in Schengen of people with non-EU citizenship. Three-quarters of the people entering and exiting the Schengen area are from the area itself. France still thinks that financial investment does not make sense for a restricted system.
Over lunch, the other controversial subject will be managing migration crises and the infamous ‘effective’ solidarity, a concept defended by the Slovak Presidency. There is currently no agreement on the question and it will not be settled on Friday, or for that matter at the European Summit on 15 December.
The Slovak Presidency wanted to win the idea that countries could contribute to solidarity on migration questions in manners other than by accepting refugees, for example by investing in border security measures or European agencies. But this idea of exempting some countries from having to accept refugees is not unanimously supported. Some countries say that no member state can be exempt from the requirement to accept refugees under the relocation of asylum-seekers mechanism.
It might be possible to strike a compromise on a system for aid modulation (providing financial aid together with accepting a smaller proportion of refugees perhaps). The above diplomatic source says the debate will get tougher and mentioned a point on which there is unanimity among national delegations- it will no longer be possible for the permanent relocation mechanism foreseen by reform of the Dublin system to be automatic. But this came to light back on 17 November at a dinner of interior ministers in Brussels. No new progress is expected on Friday on reform of the Dublin process.
Finally, the ministers will discuss the monitoring of measures taken after recent terror attacks, such as cooperation with internet players. (Original version in French Solenn Paulic)