On Monday 7 June, the EU Justice Ministers will meet in Luxembourg for their first physical meeting in a long time. On this occasion, they are expected to adopt, among other things, a set of general approaches on the law applicable to the third-party effects on assignment of claims, on the transfer of the management of the e-CODEX computer system and on the new rules amending the Regulation establishing the European Union Agency for Fundamental Rights.
Assignment of claims. After more than two years of negotiations, the EU Council is expected to finally adopt its position on the proposed Regulation on the law applicable to the third-party effects on assignments of claims (see EUROPE 11979/1). According to our information, more than a qualified majority of Member States are now in favour of the latest compromise package presented by the Portuguese Presidency of the EU Council.
The compromise text to be submitted to the ministers (see EUROPE 12732/9) finally proposes to maintain the Commission’s original proposal for a general rule that, in conflict situations, the law which applies is the one of the country in which the transferor has their main residence at the time of the conclusion of the transfer contract, but sets out a series of exceptions to ensure the proper functioning of financial markets. It also proposes a new solution to the thorny issue of secured claims (see EUROPE 12674/17).
e-CODEX system. The ministers are also expected to vote in favour of transferring the management of the e-CODEX IT system to the EU Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA), as of July 2023 (see EUROPE 12614/12) Currently, the e-CODEX system (‘e-Justice Communication via Online Data Exchange)’ is in fact managed by a consortium of Member States.
The compromise text clearly states that the use of the e-CODEX system is not, however, mandatory and introduces additional safeguards for the independence of the judiciary (see EUROPE 12732/10).
Fundamental rights. The meeting is also expected to be an opportunity for the ministers to adopt their position on the new rules for the functioning of the EU Agency for Fundamental Rights (FRA). As the Agency’s mandate was established in 2007, this revision should, among other things, bring it into line with the Lisbon Treaty and the 2012 common approach on decentralised agencies. To view the draft compromise: https://bit.ly/2TCobdj
Illegal content online. The Justice Ministers will also discuss how to combat illegal content online. This will take place in the context of the proposed Digital Services Act (DSA) (see EUROPE 12732/12), which aims to modernise the rules for digital services across the EU.
While the proposal falls within the competence of the Competitiveness Council of the EU - where the state of play was presented to the Member States on 27 May (see EUROPE 12728/2) - it also contains provisions that fall within the competence of the judiciary, in the context of the fight against illegal online content.
Several Member States have already stressed the importance of having clear legal rules, calling for the scope of criminal offences mentioned in the text to be extended to include content that poses a threat to democracy.
Public Prosecution Services. The ministers will then exchange views on the key elements for public prosecution services, on the basis of a note from the Portuguese Presidency. In particular, they will be invited to identify the main challenges for the proper functioning of public prosecution services and to exchange views on how the ‘Justice’ Council of the EU could engage in a more specific discussion on this topic.
Vulnerable adults. The EU Council is also expected to adopt conclusions, which call on the European Commission to carry out an in-depth reflection on how to improve the protection of vulnerable adults in cross-border situations (see EUROPE 12733/6). The text, as well, calls on Member States to accelerate their procedure for the signature or ratification of the 2000 Hague Convention.
European Public Prosecutor’s Office. As it has become customary at each Justice Council of the EU, the European Commission will take stock of the implementation of the European Public Prosecutor’s Office, which officially started its activities on 1 June (see EUROPE 12731/2). According to our information, Slovenia and Finland may take the floor at this point to indicate when they intend to appoint their European Delegated Prosecutors.
Electronic evidence. The Commission will also report on the negotiations of the transatlantic agreement on access to electronic evidence (see EUROPE 12692/15), the last meeting of which took place at the end of March 2021, and on the negotiations in the Council of Europe on a second additional protocol to the Budapest Convention, which are nearing completion (see EUROPE 12697/21).
Miscellaneous items. The Commission will also present its strategy on children’s rights (see EUROPE 12685/14) to the ministers and draw their attention to the judicial aspects of the strategies on combating organised crime and trafficking in human beings (see EUROPE 12698/5). It will also inform them about the state of negotiations on the EU’s accession to the European Convention on Human Rights.
For its part, the Portuguese Presidency will take stock of the work carried out on the issue of links between counterfeiting and organised crime, since the subject was raised at the Justice Council of the EU last January (see EUROPE 12647/9).
It should be noted that over lunch, the Commission will inform the EU Council of the ongoing negotiations with the United States on data protection, following the ‘Schrems II’ judgment of the Court of Justice of the EU (see EUROPE 12529/2).
Finally, Slovenia, which will take over the EU Council Presidency from Portugal on 1 July, will present its work programme on justice. (Original version in French by Marion Fontana, Agathe Cherki and Thomas Mangin)