EU Member States are expected to adopt a decision to extend the list of European offences (‘euro-crimes’) to include the violation of sanctions at the Environment Council on 24 October, Czech minister for justice Pavel Blazek and European Commissioner for Justice Didier Reynders confirmed in Luxembourg on Thursday 13 October.
Then the Commission can submit its proposal for a directive “directly afterwards”, Mr Reynders told EUROPE, as the text is ready. The Council of the EU was just awaiting approval from Germany, which needed to have the decision approved by its parliament, and the procedure is about to be completed in Berlin.
“I believe that the Presidency (Czech Presidency of the EU Council, editor’s note) is determined to examine the proposal for a directive in the weeks following its submission, and I believe that we will try to go quickly. I have asked the Parliament to do the same, not necessarily under the urgency procedure, but to take it into consideration very quickly”, Didier Reynders added.
The ministers also discussed the idea of extending the competences of the European Public Prosecutor’s Office (EPPO) to include the violation of sanctions, but the discussions are still preliminary. There was no debate on this proposal at this stage.
Investigating war crimes
The ministers reviewed all actions taken to assist Ukraine in the investigation of war crimes. Support was reiterated for the investigations initiated in the Member States, the Joint Investigation Team (see other news) and the International Criminal Court. Member States have contributed an additional €7 million in funding to the ICC recently, as well as expertise to Ukraine.
The Commissioner recalled that €17.4 billion had been seized in the EU so far, but that it was crucial that all Member States apply the sanctions correctly in order to take these confiscations even further. Indeed, this €17.4 billion has been confiscated in only seven Member States, he said.
Establishment of a special tribunal for the crime of aggression
Ukraine’s request to set up a special international tribunal to investigate the crime of aggression (see EUROPE 12024/15) did not form part of the ministers’ discussions, “simply because there is no common position of the European Council so far” on this issue, Mr Blazek told journalists. He added that for the time being, the focus should be on the investigations of the International Criminal Court (ICC).
Mr Reynders maintained his line of the last few months: “We want to make maximum use of existing tools”. This includes support for the Ukrainian Prosecutor General and the ICC.
He also referred to the European Court of Human Rights (ECHR), which has been called upon. “We are looking at how we can help the ECHR, including financially, to deal with the thousands, if not tens of thousands, of cases that will come in”, he said.
On the creation of a new special tribunal, the Commission remains ready to examine the proposals made, according to the Commissioner. (Original version in French by Léa Marchal)