EU Justice Ministers have adopted conclusions on combating antisemitism and racism. As we wrote in our article (see EUROPE 12903/14), the text makes recommendations to the Member States and the European Commission to better address the issue. This includes awareness raising, financial support to civil society or judicial authorities to strengthen their capacity in these areas
See the adopted conclusions: https://aeur.eu/f/lm
Lists of European criminal offences
Not all Member States are yet ready to adopt the conclusions prepared by France to include hate crimes and hate speech in the list of European criminal offences in Article 83 of TFEU (see EUROPE 12899/19). Twenty-three countries are currently ready to do so. For the others, it is either a matter of consulting their national parliaments beforehand, or of reworking the text proposed by the French Presidency of the EU Council (FPEU).
German Justice Minister Marco Buschmann said before the meeting that he needed the approval of the lower house of parliament (Bundestag). Finnish Minister Anna-Maja Henriksson and Spanish Secretary of State for Justice Julian Rodriguez Esquerdo have both told EUROPE that they are already prepared to support the proposed FPEU text.
Electronic evidence
French Minister Éric Dupond-Moretti and EU Commissioner for Justice Didier Reynders both noted progress in the discussions between the EU Council and Parliament on the electronic evidence package. This aims to compel digital service providers in one country to provide electronic evidence when requested by judicial authorities in another country (see EUROPE 12003/18).
Contact has been re-established after many months of silence between the Parliament and the EU Council, and inter-institutional meetings (‘trilogues’) have resumed. Didier Reynders confirmed to EUROPE that there were still differences of opinion on the system of notifications for obtaining electronic evidence. He also indicated that the EU Council would provide a response to the Parliament's arguments in the coming days. The latter has, in fact, submitted a “package” since December 2021 to the EU Council, including the compromises it was prepared to make on the texts. The Parliament is waiting for a response from the FPEU.
Rule of law and the status of lawyers
Finally, the French Minister, himself a recognised lawyer, led a conversation on the protection of lawyers in the EU. “The status of lawyer is a profound marker of the Rule of law” he said. He was able to exchange views with his counterparts on the idea of a European status. These discussions should feed into the European Commission’s next annual report on the Rule of law. (Original version in French by Léa Marchal)