Brussels, 13 December 2024
Combating migrant smuggling
The EU Council plans to reach a general approach (member states position) on a proposed directive which lays down minimum rules to prevent migrant smuggling. The law would replace the current EU legal framework which dates back to 2002. The objective of the proposal is to bring member states criminal law on issues such as the definition and sanctioning of migrant smuggling closer together.
With migrant smuggling, criminal groups make millions at the expense of the most vulnerable. The prosecution of this crime is a priority for EU countries.
Bence Tuzson, Hungarian Minister for Justice
In 2023, approximately 380 000 irregular border crossings were detected at the EU’s external borders. Europol estimates that more than 90% of irregular migrants who reach the EU make use of the services of smugglers.
- Fighting migrant smuggling and human trafficking (background information)
- Directive laying down minimum rules to prevent and counter the facilitation of unauthorised entry, transit and stay in the EU (general approach), 29 November 2024
Combating the sexual abuse and sexual exploitation of children
In order to combat the sexual abuse and sexual exploitation of children, ministers agreed on their position and reached a general approach on a proposal to update the 2011 directive to strengthen criminal law on child sexual abuse and sexual exploitation. The updated law, proposed in February 2024 by the European Commission, would expand the definitions of the offences of sexual abuse and sexual exploitation of children – including those enabled or facilitated by new online tools – and ensure more effective investigation and prosecution of those crimes. They also introduce higher penalties and contain more specific requirements for prevention and assistance to victims.
Insolvency law
The partial general approach, agreed today, on key elements of a proposal for a directive to harmonise certain aspects of insolvency law is a crucial step in order to make the EU more attractive for investors.
The proposal is one of the initiatives of the 2020 capital markets union action plan. It aims to encourage cross-border investment within the single market through the targeted harmonisation of insolvency proceedings. The proposal aims in particular to ensure that creditors can recover the maximum value from a liquidated company, to improve the efficiency of insolvency procedures and to increase the predictability and fair distribution of recovered value among creditors. At present, cross-border investors have to take 27 different insolvency rules into account when assessing an investment opportunity.
- European capital markets (background information)
- Directive harmonising certain aspects of insolvency law (partial general approach), 29 November 2024
Developing AI systems in the field of justice
On the occasion of the working lunch, ministers engaged in a discussion regarding the potential for jointly developing AI tools for judicial systems. They also addressed the identification of AI tools that could be most suitable for such initiatives. AI tools in delicate areas such as justice will be resource-intensive to develop, and it may be advantageous to combine efforts at European level.
AI already has an impact on the justice sector, and this impact will only increase in the future. Such developments have the potential to improve timeliness and make judicial proceedings more efficient and more effective. Working together as the EU to steer this development and reap the benefits together is common sense.
Bence Tuzson, Hungarian Minister for Justice
Ministers also approved conclusions on this subject.
The future of EU criminal law
As EU criminal law has developed considerably over the past 20 years, ministers reflected on future needs in the area of criminal law and in particular whether a potential consolidation of the legal framework for the mutual recognition of judicial decisions in criminal matters would be desirable. Most ministers expressed the view that the emphasis should be on the implementation of the current rules and, in case of new proposals, on ensuring consistency with the existing EU framework on criminal law.
A second aspect of the discussions on the future of EU criminal law concerned the drafting of model provisions for those instruments which contain minimum rules on substantive criminal law. There was a common understanding that member states wished to ensure that at least some standardised elements of language are used in the key provisions of the EU criminal law. Ministers also expressed broad support that the work on non-binding model provisions should continue in order to reach a common understanding with the other EU institutions.
Two presidency reports have been issued on both model provisions and the future of EU criminal law in a general context.
Mutual evaluation: enhancing the European Investigation Order
The presidency provided information on the final report on the tenth round of mutual evaluations. The focus of this regular exercise was on the implementation of the European Investigation Order.
Mutual evaluations are peer evaluations in which member states assess one another on the implementation of EU and international legislation and instruments to combat crime. The mechanism aims to:
- find practical solutions to combat organised crime in the EU
- improve European judicial cooperation
- share best practices between member states
The Council coordinates the evaluation process and prepares reports, including conclusions and recommendations.
Combating drug trafficking and organised crime
As it did at the meeting of home affairs ministers, the presidency informed justice ministers about the progress that had been achieved in combating drug trafficking and organised crime. The presidency in particular highlighted activities relating to the European Judicial Organised Crime Network and to strengthening judicial cooperation with priority third countries.
- EU drugs policy (background information)
- The EU’s fight against organised crime (background information)
Russia’s war of aggression against Ukraine: fighting against impunity
The presidency gave an update on EU actions in the fight against impunity in Ukraine. Actions by the EU, member states and international actors have ranged from sending member states’ forensic experts to Ukraine and establishing a joint investigation team to investigate alleged crimes committed in Ukraine to establishing an International Centre for the Prosecution of the Crime of Aggression within Eurojust.
Heeding a call from the international community, including the Council, to accede to the Rome Statute, on 25 October Ukraine deposited the instrument of ratification of the Rome Statute with the UN Secretary-General. The Rome Statute will enter into force in Ukraine on 1 January 2025.
Ongoing legislative files
The presidency reported on the status of ongoing legislative files in the area of justice.
Legislative and operational planning in the area of freedom, security and justice
The presidency outlined the state of play regarding the strategic guidelines for legislative and operational planning in the area of freedom, security and justice, which was approved by the Council on 12 December. The guidelines will shape the direction of EU policy in this area for the next five years.
The strategic guidelines are a key instrument for shaping the direction of EU policy in the area of freedom, security and justice, and establish the framework for implementing the relevant aspects of the EU’s Strategic Agenda 2024-2029.
Access to data for effective law enforcement
The presidency provided an update on the work of the high-level group on access to data for effective law enforcement, based on its concluding report.
Other business
As at the meeting of home affairs ministers, the presidency briefed delegations on the EU-Western Balkans Ministerial Forum on Justice and Home Affairs, which had taken place in Budva (Montenegro) on 28 and 29 October 2024. Jointly with the Commission, it informed participants about developments in the area of combating antisemitism. The Commission also presented the state of play of EU-US negotiations on an e-evidence agreement.
The incoming Polish presidency of the Council of the EU presented its work programme.
Preparatory documents
- List of A items, non-legislative activities
- Provisional list of A items
- Provisional agenda
- Background brief
Outcome documents
Press releases
- Insolvency law: Council settles on position for core capital markets union legislation
- Combatting child sexual abuse: Council adopts position on strengthened EU criminal law
- Migrant smuggling: member states reach agreement on criminal law
Source – EU Council