Luxembourg, 14 June 2024
Fight against drug trafficking and organised crime
The presidency informed ministers about one of its political priorities, the fight against drug trafficking and organised crime, and the state of play of the 10 priority actions that it had identified.
One priority action is the setting up of a European Judicial Organised Crime Network. The network was embraced by Council conclusions which ministers approved during this meeting. The network will provide a hub of specialised expertise supporting judicial authorities in the area of organised crime. The network will first come together in the autumn of 2024 and will be established by Eurojust, the EU agency for criminal justice cooperation.
Another action point of this presidency was to improve judicial cooperation with third countries in the fight against organised crime. EU member states are committed to better coordinate their actions when it comes to third countries where wanted criminals find refuge and from where they continue, in complete impunity, to operate their criminal business. The Council approved conclusions on this subject. In these conclusions ministers call to combine diplomatic efforts for more effective cooperation with priority third countries. The EU, in its discussions with these third countries, should pay attention to problems related for instance to obtaining extradition.
The presidency also informed about the cooperation that has taken place in the course of the past six months with countries from Latin America to address transnational crime. At a senior officials meeting, the EU and Latin American countries discussed strengthening judicial cooperation between the two regions. In February, the EU and Latin American and Caribbean countries endorsed the La Paz Declaration which addresses cooperation on drug trafficking and other related crimes such as money laundering and firearms smuggling.
The fight against drug trafficking and organised crime requires us to improve judicial cooperation. Better judicial cooperation within the EU is one thing. As is the need to make sure third countries cooperate with us, for instance when it comes to extradition or the seizure of illegal money.
Paul Van Tigchelt, Belgian Deputy Prime Minister and Minister of Justice and the North Sea
- The EU’s fight against organised crime (background information)
- EU drugs policy (background information)
- Opioids: a new drug threat for Europe (background information)
Rule of law and fundamental rights
The Council approved conclusions on enhancing and protecting free, open and informed democratic debate. The conclusions highlight the importance of freedom of expression and information and recall the important role played by civil society organisations, journalists and human rights defenders in protecting and promoting freedom of expression and information.
The conclusions underline the need to understand the dynamics of hate, polarisation and the dissemination of disinformation. They also focus on the importance of education and awareness raising among citizens. A third key aspect of the conclusions is the need to protect democratic debate from the threats of an online environment that serves as a breeding ground for hate speech and disinformation. Furthermore, they highlight the importance of having channels of dialogue between groups or perceived groups, to strengthen mutual understanding and pacify the public debate.
The presidency also presented a progress report on the implementation of the Istanbul Convention to which the EU has acceded in 2023.
- Fundamental rights (background information)
- Council conclusions on enhancing and protecting free, open and informed democratic debate, 4 June 2024
Small-scale detention
The Council approved conclusion on small-scale detention, prioritising social rehabilitation and reintegration into society. The conclusions highlight the importance of protecting the fundamental rights and freedoms of detained persons, ensuring their access to inclusive educational programs and investing in their social rehabilitation.
Small-scale detention can improve both the working conditions for staff in detention facilities and the quality of life of detained persons. It can also contribute to the creation of a constructive climate for reintegration.
The conclusions call on the Commission to explore funding opportunities for the setting up and further development and implementation of small-scale detention, including detention houses.
Social rehabilitation and reintegration of detained persons is a core objective of our judicial system. Small-scale detention facilities can play a role in this respect because it helps to minimise the negative effects of detention and the risk of reoffending.
Paul Van Tigchelt, Belgian Deputy Prime Minister and Minister of Justice and the North Sea
Recognition of the parenthood
Ministers held a policy debate on a proposed regulation of the Commission that aims to facilitate the recognition in a member state of the parenthood of a child which has been established in another member state. According to Commission figures, an estimated 2 million children may face a situation in which the recognition of their parenthood, as established in one member state, is not recognised for all purposes in another member state. This may lead to problems for families when travelling or moving to another EU country. The exchange in particular addressed cases of parenthood following surrogacy, in order to be able to move forward in the negotiations of the proposal.
Combating child sexual abuse
A second debate addressed the proposed update of a directive from 2011 on combating the sexual abuse and sexual exploitation of children and child sexual abuse material. The goal of the proposal is to expand the definitions of these offences and to introduce higher penalties and more specific requirements for prevention and assistance to victims. Ministers gave guidance to the future work at expert level on two matters: firstly the limitation period for child sexual abuse offences and if they should require specific consideration to ensure that they can be prosecuted also a relatively long time after the offence was committed and secondly how to address AI-generated child sexual abuse material.
Most of the ministers shared the view that this type of heinous crime justifies specific rules on long limitation periods after the victim has reached the age of majority. While some member states have eliminated the statute of limitations, other member states advocate to modify the proposed periods. Although there are diverging views on the method, a clear message was given to criminalise images of sexual abuse generated by AI-tools in the same manner as images depicting real children.
Combatting corruption
The Council also agreed on a negotiation mandate (general approach) on a directive on combatting corruption. The proposal, which amends and updates the current EU laws on these issues, is based on three main pillars: prevention, detection and sanctions. Its main novelty is to, for the first time at EU level, bring together rules on corruption in the public and private sector in one legal act.
Under the agreement member states will have to make sure that the criminal offences that will become illegal under this law will be punishable by a maximum term of imprisonment of at least two to four years. Also companies will have to face penalties which will range from fines of at least 3% to 5% of the total worldwide turnover or, alternatively, amounts that correspond to at least €24 or €40 million.
Insolvency law
The Belgian presidency presented a state of play of the Council’s work on a proposed directive which would harmonise certain aspects of insolvency law. The proposal was published by the Commission in December 2022 and is one of the initiatives of the Capital Markets Union (CMU) action plan. The proposal is currently being examined by the Council working part on civil law matters and a policy debate was organised at the Justice and Home Affairs Council in October 2023. At the Euro Summit in March 2024 and the European Council in April 2024 the heads of state or government called for the rapid completion of the CMU action plan. Technical work in order to reach a common member states position will continue in the coming months.
Victims’ rights
The Council’s negotiation mandate (general approach) on the review of the 2012 Victims’ Rights Directive was adopted as an agenda point without discussion. The proposal aims to respond to shortcomings demonstrated in the evaluation of the current instrument. This update will establish and strengthen the minimum rules to make sure victims of crime receive further protection, support, access to information and can easier seek justice
Data protection
Ministers also agreed on a negotiation mandate on a regulation laying down additional procedural rules to the General Data Protection Regulation (GDPR). The proposal’s objective is to streamline cooperation between data protection authorities in the enforcement of the GDPR in cross-border cases. The new proposal will not modify the GDPR. The general approach harmonises the procedural steps and the rights of the parties and the complainant at EU level taking into account the procedural autonomy of member states. The main novelties of the Council approach consist of introducing a new procedure for the early resolution of complaints and a lighter procedure for more straightforward cases, in order to avoid administrative burden and to speed up decision making in cross-border cases.
- Regulation laying down additional procedural rules relating to the enforcement of the General Data Protection Regulation (general approach), 24 June 2024
- The general data protection regulation (background information)
Future of criminal law
The Council furthermore approved conclusions on the future of EU criminal law. Ministers emphasised the need for high-quality legislation that respects fundamental principles such as legality, subsidiarity, and proportionality. The Council calls for modernised model provisions and a structured reflection involving various stakeholders to ensure consistency and effectiveness in EU criminal law.
Other business
The Commission informed ministers about the negotiations between the EU and the US in order to conclude an agreement on e-evidence. It also presented the 2024 EU justice scoreboard which looks at the effectiveness of EU member states justice systems on the basis of the criteria of efficiency, quality and independence.
The presidency debriefed ministers about the recommendations of the High-Level Group (HLG) on Access to Data for Effective Law Enforcement (which was an agenda point during the meeting of ministers of the interior) and the EU-US ministerial meeting on justice and home affairs (20-21 June).
Finally, the upcoming Hungarian presidency presented its priorities.
Preparatory documents
- Background brief
- Provisional agenda
- Provisional list of A items
- List of A items, non-legislative activities
- List of A items, legislative deliberations
- List of A items, non-legislative activities, addition 1
Outcome documents
Press releases on 14 June 2024
Source – EU Council