The Justice Ministers of the EU Member States will meet in Brussels on Monday 4 December. Among the highlights on the Council’s agenda are the transfer of criminal proceedings, efforts to combat impunity for crimes committed as part of Russia’s war of aggression against Ukraine, victims’ rights and the GDPR.
Judicial cooperation. One of the main items on the agenda is the European Commission’s proposal on the transfer of criminal proceedings, presented on 5 April 2023 (see EUROPE 13157/12).
Ministers are expected to adopt the Council’s position (‘general approach’) on this text, which aims to establish a harmonised approach to the transfer of criminal cases between Member States, in a context of increasing cross-border crime. It includes the establishment of common criteria for the transfer of proceedings, a time limit for decision-making, obligations concerning the rights of suspects, defendants and victims, and the use of cross-border digital channels for communication between authorities.
This initiative also aims to prevent unnecessary parallel proceedings and to ensure the efficient administration of criminal justice in the Member States.
Victims’ rights. EU ministers will hold a political debate on the revision of the directive on victims’ rights. This update aims to strengthen the minimum rules to ensure adequate support for victims of crime, by facilitating their access to information, justice and compensation.
The revision of this directive, initiated in 2021 and confirmed in 2022 (see EUROPE 12981/15), comes after an evaluation report highlighted shortcomings in the 2012 directive, particularly in terms of access to information and safety measures for vulnerable victims.
Russia’s war of aggression against Ukraine. Another major issue is the continuation of efforts to combat impunity for crimes committed during the Russian aggression in Ukraine. The Spanish Presidency of the EU Council will review the actions taken by the EU and its Member States in this area.
This includes support for the Joint Investigation Team (JIT) on international crimes in Ukraine and the International Centre for the Prosecution of the Crime of Aggression against Ukraine (ICPA) (see EUROPE 13214/10), two key bodies that facilitate judicial cooperation and the exchange of information.
European Public Prosecutor’s Office (EPPO). The ministers will also discuss the operation of the European Public Prosecutor’s Office (EPPO), which is responsible for investigating crimes against the EU’s financial interests. According to the regulation that established the EPPO in 2021 (see EUROPE 12729/11), the Commission is responsible for evaluating the implementation and impact of the law as well as the effectiveness and efficiency of the EPPO. The Commission has ordered a study on the operation of EPPO, which will contribute to this evaluation.
Application of the General Data Protection Regulation (GDPR). The application of the General Data Protection Regulation (GDPR) will also be on the agenda. Ministers will be asked to approve the Council’s position and conclusions on the application of the GDPR.
This discussion comes ahead of the Commission’s 2024 review of the GDPR (see EUROPE 13215/2). The Council will highlight the successes of the GDPR in harmonising data protection rules and strengthening the protection of individuals, while also highlighting the challenges and areas of concern, particularly for small organisations.
European e-Justice Strategy 2024-2028. Finally, the Justice ministers are expected to approve the European e-Justice strategy for 2024-2028. This strategy will guide Member States in the implementation of various legislative and non-legislative initiatives to accelerate digitisation and the use of digital services in the field of justice. It aims to define clear objectives for e-Justice over the coming years and to identify specific areas of work in this sector. (Original version in French by Nithya Paquiry)