The EU Justice Ministers, meeting by videoconference on Monday 6 July, discussed a series of topics, including the emergency measures passed to deal with the Covid-19 pandemic. They expressed some concerns about respect for the rule of law, reported German Justice Minister Christine Lambrecht.
At a press briefing, she noted that Member States had a responsibility to always "check the proportionality" of these measures, which should not last "one day longer than necessary".
Countervailing powers, including judicial ones, are essential, she added. Transparent communication must also be ensured to ensure public confidence.
For his part, Commissioner Didier Reynders reiterated that the first annual report on the rule of law in September would contain a section on these emergency measures.
In the meantime, the Commission will monitor how countries "lift their measures" until the end of the process, he said.
On 10 July the Commission will publish the results of its annual EU Justice Scoreboard, a comparative overview of the independence, quality and efficiency of judicial systems in the EU, he said.
Victims of terrorism's rights
The ministers also had a discussion with EU Counter-Terrorism Coordinator Gilles de Kerchove on the rights of victims of terrorism. The coordinator suggested a series of measures to improve these rights.
This would involve the creation of a European network of Member States' operational contact points for victims of terrorism and their compensation, which would meet regularly, with the support of the Commission, he suggested in a note seen by EUROPE.
"Secondly, changes to the existing Community legislative framework could be considered and further studied with regard to the different aspects of compensation to victims of terrorism."
Finally, "it is important to further strengthen the voice of victims in order to prevent radicalisation and to promote counter-narrative and remembrance".
This is a sensitive issue, but immediate payments must also be made for victims, for example for their families who have to travel for funerals or health care costs.
Link to the document on the rights of victims of terrorism: https://bit.ly/2ZGSJdo
"Doing more" against disinformation
On the fight against disinformation and the spread of hate content online - exacerbated by the crisis - the ministers agreed that "what is illegal offline must also be treated as such online", reported the Vice-President of the Commission responsible for Values and Transparency, Věra Jourová.
Most felt that it was up to the platforms to take on this responsibility, as they have the means to identify hate speech and fake news, to remove it or to lock down the accounts that broadcast it.
However, Lambrecht reported a "broad consensus" that voluntary commitments would not be enough and that an agreement at EU level would be needed to define the responsibilities of the platforms.
"For the Commission, this is a very clear encouragement to work harder", Ms Jourová acknowledged, without however detailing new avenues of work.
On the subject of hate speech, while she welcomed the fact that Berlin had already adopted its own law to deal with it and acknowledged that it would be necessary to "learn from Germany's experience", she pointed out that "states should not have their own laws" in this area and that a European solution should be favoured.
Furthermore, the Vice-President pointed out that an action plan against racism would be presented in September (see EUROPE 12513/12) and reiterated that the Digital Services Act (see EUROPE 12352/7) and the Action Plan for Democracy (see EUROPE 12429/4) - "two initiatives that should put our digital house in order" - would be presented by the end of the year. (Original version in French by Solenn Paulic, Agathe Cherki and Marion Fontana)