The justice ministers of the EU Member States will meet in Brussels on Friday 13 December to discuss enhanced measures to prevent migrant smuggling and the exploitation of children, the harmonisation of insolvency law and the fight against impunity for war crimes in Ukraine.
Combating migrant smuggling. One of the central points will be the examination of a directive aimed at establishing minimum rules to prevent the smuggling of migrants.
This proposal, which would replace the legal framework in force since 2002 (Directive 2002/90/EC), is a response to the rise in irregular crossings at the EU’s external borders: around 380,000 in 2023 according to Frontex. Europol estimates that 90% of these irregular migrants use the services of smugglers, hence the need to harmonise definitions and penalties between Member States.
Tougher measures against sexual abuse of minors. An update of the 2011 directive (directive 2011/93/EU) will be discussed with the aim of broadening the definitions of offences relating to the sexual exploitation and abuse of children. In February 2024, the Commission proposed adapting the text to new technologies, in the light of the challenges posed by the increase in children’s online presence and the increased risks of abuse facilitated by digital technology.
The text also aims to improve the investigation and prosecution of these serious crimes.
Harmonisation of insolvency law. As part of the action plan for the Capital Markets Union (2020), a proposal for a directive to harmonise certain aspects of insolvency law will be examined. The aim is to make liquidation procedures more efficient, maximise the value recovered by creditors and ensure a fair distribution among them.
Organised crime and drugs. The Presidency will inform ministers of the progress made in the fight against organised crime and drug trafficking through the European Judicial Organised Crime Network set up in accordance with the conclusions of the June EU Council.
Fight against impunity in Ukraine. The Presidency will also inform ministers of the actions taken by the EU and the Member States to combat impunity for crimes committed in the context of Russia’s war of aggression against Ukraine (see EUROPE 13382/1).
Fundamental rights and judicial cooperation. Ministers will take stock of work on the European Investigation Order as part of the tenth mutual evaluation of Member States. This mechanism aims to improve the implementation of European crime-fighting instruments.
Access to data for law enforcement purposes. A report on the work of the High Level Group dedicated to access to data for surveys will be presented. This group is looking at ways of optimising the use of data while respecting fundamental rights.
Alongside the discussions, updates will be provided on the EU-Western Balkans Ministerial Forum (28-29 October 2024, Budva, Montenegro), the fight against antisemitism, and the ongoing negotiations between the EU and the US on an agreement on electronic evidence. (Original version in French by Nithya Paquiry)