The Justice Ministers of the Member States of the European Union will meet in Luxembourg on Friday 20 October. Among the highlights on the EU Council’s agenda are the directive on the harmonisation of certain aspects of national insolvency rules, efforts to fight impunity for crimes committed in the context of Russia’s war of aggression against Ukraine, and the strengthening of judicial cooperation with Latin America to combat organised crime.
Harmonisation of insolvency rules. One of the major issues, which will be the subject of a policy debate, concerns the European Commission’s proposal for a directive to harmonise insolvency rules within the EU, issued in December 2022 (see EUROPE 13079/2).
The Justice Ministers will discuss whether or not Member States should be given greater flexibility in harmonising actions for annulment, which are critical mechanisms for challenging debtor transactions before bankruptcy proceedings have begun.
The aim is to avoid otherwise valid transactions in order to recover assets for the benefit of creditors. This initiative comes in response to significant disparities in national insolvency regimes across the EU, which are seen as major obstacles to the free movement of capital and deeper integration of European capital markets.
Russia’s war of aggression against Ukraine. The Spanish Presidency of the EU Council will also provide an update on measures taken to fight impunity for crimes committed during Russia’s war of aggression against Ukraine. Key initiatives such as the International Centre for the Prosecution of the Crime of Aggression against Ukraine (ICPA) (see EUROPE 13214/10) and the International Crimes Evidence Database (ICED) will be at the centre of discussions.
These efforts come at a time when the International Criminal Court has no jurisdiction to prosecute Russian leaders, as Russia has not ratified the Rome Statute.
EU/Latin America cooperation. Judicial cooperation with Latin America will also be a subject of ministerial debate, with the emphasis on developing actions in the fight against organised crime. Ministers will be briefed on the EL PAcCTO programme, an initiative to strengthen the fight against transnational organised crime between Latin American countries and the EU, and on the results of the EU/CELAC summit in July 2023 (see EUROPE 13225/1).
Digital empowerment and fundamental rights. EU ministers are also expected to approve conclusions on “digital empowerment” and fundamental rights. The text encourages key sectors and citizens to take full advantage of the digital space, while ensuring that this space is safe and respects rights.
There will also be an exchange of views on these subjects, in the presence of the Director of the EU Agency for Fundamental Rights, Michael O'Flaherty.
Efforts to improve the quality of judicial systems. Over lunch, the ministers will also discuss efforts to improve the efficiency and quality of judicial systems. These discussions will take place in the context of the European Commission’s annual report on the Rule of law (see EUROPE 13216/8).
Alongside these central points, the Spanish Presidency will inform the ministers about the forthcoming EU-Western Balkans Ministerial Forum on Justice and Home Affairs. It will also report on the EU’s accession to the Istanbul Convention (see EUROPE 13262/20), as well as the EU-US negotiations on an agreement on electronic evidence (see EUROPE 12692/15). (Original version in French by Nithya Paquiry and Hélène Seynaeve)