At the Justice Council on Tuesday, 3 December, European justice ministers are expected to conclude in principle two political agreements on the digitalisation of judicial cooperation. They will also discuss environmental crimes and adopt a set of conclusions.
Digitalisation of judicial cooperation. Political agreement (a 'general approach') is anticipated on the regulation on digitalising cooperation between the courts of Member States in the taking of evidence and on the regulation on the service of judicial and extrajudicial documents in civil or commercial matters using electronic means (see EUROPE 12031/12).
The major change introduced by the draft regulation is to make it compulsory for courts to exchange documents electronically across borders using a decentralised computer system made up of national computer systems connected together by a secure and reliable communication infrastructure. The compromise texts maintain this principle, but adds a transitional period and several exemptions (see EUROPE 12375/9).
On Wednesday, 27 November, at the meeting of Member States' ambassadors to the EU (Coreper), Austria, the Czech Republic, Estonia, Germany, Hungary, Italy, the Netherlands, Portugal, Slovenia and Spain issued a statement supporting the use of the e-CODEX system, even though it is not mentioned in the regulations, which are intended to be technologically neutral. They also asked the European Commission to provide the resources required to guarantee maintenance of e-CODEX and its interoperability.
Both texts should be adopted without any difficulty, but they do not please everyone. In their statement issued on Wednesday, Estonia, Ireland and Portugal said that it was regrettable that the provision allowing a Member State to specify the conditions under which it will accept judicial documents being served by electronic mail to persons with an address in its territory leaves Member States too much discretion to refuse to do accept them.
Environmental crime. Ministers will then discuss the issue of environmental crime, following the Finnish Presidency’s presentation of the final report of the eighth round of mutual evaluations in the area of criminal law, which deals with this topic.
The report focuses on two forms of criminal activity: illegal trafficking of waste and the illegal production or handling of hazardous materials. It highlights the low detection rate for environmental crime and contains several recommendations.
Ministers will also take note of a Presidency report on European environmental criminal law, which has gathered Member States' views on this issue and concludes that a thorough assessment of the need for new minimum rules should be undertaken (see EUROPE 12338/11).
Victims' rights. Ministers are also expected to adopt conclusions on strengthening the protection of the rights of victims of crime. The text focuses on compensation for loss or damage caused to victims of crime, which it establishes as a fundamental right for every victim (see EUROPE 12373/15). The text invites the European Commission to develop a strategy for 2020-2024 that covers all victims of crime and focuses on victims of violent crime in particular.
Alternatives to prison. The Council will also adopt conclusions encouraging the use in certain circumstances of alternative measures to detention. The draft text also recognises the many advantages of non-custodial measures, including their role in reintegrating offenders into society and in reducing repeat offending (see EUROPE 12374/17).
Future cooperation in civil justice matters. Conclusions reached by the Council of the EU on the future of cooperation in civil justice matters should also be adopted. The conclusions underline the need to give priority to actual implementation and evaluation of the ways in which existing Community instruments are being applied (see EUROPE 12350/11). The text adds that any new legislative initiative should be based on evidence of clear added value at European level.
European Public Prosecutor's Office. As happens at each Justice Council, the Commission will inform the ministers of current progress in setting up the European Public Prosecutor's Office. Laura Codruţa Kövesi, who was recently appointed as head of the European Public Prosecutor's Office and who took office on 1 November, will also present her vision and priorities for her term in office (see EUROPE 12351/26).
European prosecutors are also expected to be appointed soon. According to information we have received, the selection committee will be interviewing the final candidates on 4 and 5 December.
Electronic evidence. The Commission will also inform the ministers of the current state of play regarding the negotiations on an EU-US agreement on cross-border access to electronic evidence (see EUROPE 12376/12). The next negotiation session is scheduled for 10 December in Washington, just before the meeting of the European and US justice ministers.
Finally, over lunch, ministers will discuss the Justice and Home Affairs Council’s involvement in the new rule of law cycle. At the end of the day, Croatia will present its priorities regarding Justice as part of its upcoming Presidency of the Council of the EU. (Original version in French by Marion Fontana)