Speaking to MEPs from the European Parliament's civil liberties committee on Monday 5 March, European Justice Commissioner Vĕra Jourová gave an overview of the Commission's priorities and future initiatives for 2018.
She thus in turn spoke about the "major turning point" that the entry into force, on 25 May, of the general data protection regulation (GDPR) will constitute (see EUROPE 11946), about the ongoing talks with Japan and Korea as to an adequacy decision on data protection by the end of the year, and about her recent recommendation to combat illicit online content more effectively (see EUROPE 11972).
Electronic evidence. Jourová also spoke about the future legislative proposal on cross-border access to electronic evidence and unveiled its publication date (17 April).
Asked about the delay in developing this proposal, which was initially envisaged for 24 January, she spoke about the "complexity of sensitive and controversial aspects", including the issue of the legal basis. Article 82 of the treaty on judicial cooperation in criminal matters is particularly envisaged, she said.
The scope of application of the future of 'European production order', which would require electronic service providers to supply the electronic evidence requested by judicial authorities in cases of suspected crime, is still being studied, as is the implementation of appropriate safeguards and a system of reciprocity.
Jourová intends to follow the recent US developments closely, especially the new draft CLOUD Act and the Microsoft Ireland Warrant Case (see EUROPE 11973). She plans to tackle these issues, as well as another issue on which she is beginning to "lose patience" – the Privacy Shield arrangement (see EUROPE 11949) – during her visit to the US on 20 and 21 March.
Rule of law. In response to the many concerns raised by MEPs, Jourová also said the Commission was currently working on a proposal that would contain a definition of the rule of law, together with a more detailed description of what the Commission expects from the member states. This proposal is due to emerge in the autumn. (Original version in French by Marion Fontana)