On Friday 10 December, International Human Rights Day, EU Justice Ministers will take stock of the stalled inter-institutional negotiations on the proposed regulation on electronic evidence.
e-Evidence. The proposed e-Evidence Regulation aims to give judicial authorities in one EU Member State access to electronic evidence held by any service provider established in another Member State.
One of the sticking points in the inter-institutional negotiations concerns the division of competences between the State where a data production order is issued and the State where the organisation responsible for enforcing the order is located (see EUROPE 12778/2). More specifically, in what circumstances should a notification be sent to the country of enforcement?
Informal discussions with the Parliament have identified the main components of a possible compromise, although it has not been possible to reach an agreement, says the Slovenian Presidency of the EU Council in a specific progress report.
In its view, the creation of an appropriate notification regime must encompass other issues, such as rules on the application of grounds for refusal to execute a production order and their consequences, as well as the rules on user information and the remedies available to the person whose data is sought through a production order.
But the EU Council, invoking the principle of mutual trust, maintains its position that notification to the executing State should not be necessary when the person whose data is sought resides in the country issuing the order (residence criterion).
See the progress report: https://bit.ly/3pEJyXT
The Ministers will also exchange views on the lessons learned from the Covid-19 pandemic for the functioning of the courts as well as for judicial review and the review of emergency measures.
EPPO. They will also be informed about the ongoing work of the European Public Prosecutor’s Office. Between June and October 2021, the European Public Prosecutor’s Office opened 431 investigations for cumulative offences against the EU’s financial interests valued at €5.1 billion. With an additional €3.75 million, its 2022 budget will rise to €57.1 million and will allow for the hiring of 118 additional staff.
See the European Public Prosecutor’s Office progress report: https://bit.ly/3y8KU0O
The Slovenian Presidency will also inform the Ministers about the state of play regarding the Union’s accession to the European Convention on Human Rights.
Hate speech. Finally, the Justice Council will also discuss how to better combat hate speech and hate crime in order to make Europe more inclusive and protective.
On Thursday, the European Commission called on Member States to extend the EU list of crimes to include hate speech and hate crime (see other news). (Original version in French by Mathieu Bion)