Brussels, 7 March 2025
Russia’s war of aggression against Ukraine: fighting against impunity
Ministers discussed the fight against impunity for crimes committed in connection with the war in Ukraine. Against the background of the current geopolitical context, the presidency presented an overview of the various initiatives of the EU, its member states and international bodies in this respect.
We have done a lot in the European Union to collect and preserve evidence of crimes committed by Russia. I trust this will be crucial in the works of the special tribunal that will be established soon. Justice will be served and Russia will be held accountable for the war crimes it has committed in Ukraine.
Adam Bodnar, Polish Minister of Justice
Ministers discussed how to best contribute to the works of the soon-to-be-established special tribunal under the auspices of the Council of Europe, in particular as regards the transfer of evidence collected by member states and preserved at Eurojust’s database.
Harmonising insolvency law
The presidency organised a policy debate about a proposed directive to harmonise certain aspects of insolvency law. The directive, a key initiative of the Capital Markets Union action plan, deals with the challenge cross-border investors face when they have to consider 27 different sets of insolvency rules when assessing an investment opportunity.
The debate focussed on the proposal to make so-called ‘pre-pack proceedings’ available in all EU member states and in particular on the aspect of automatic transfers of executory contracts. A pre-pack proceeding, where the sale of the debtor’s business is prepared and negotiated before the formal opening of the insolvency proceedings, makes it possible to execute the sale and obtain the proceeds in a swift manner. In this context, the transfer of executory contracts means that contracts which are essential for the continuation of the business are automatically transferred from the debtor to the buyer of the business without the consent of the debtor’s counterparty.
Ministers discussed how to best achieve the objective of pre-pack proceedings while maintaining the principle of freedom of contracts. Many ministers recognised the importance of keeping the existing contracts in force in order to continue the business post-insolvency. The debate also showed that further technical work is needed to define exceptions to the general rule of automatic contract transfer.
The Polish presidency aims to reach a general approach, i.e. member states position, on the entire proposal by the end of its term.
- European capital markets (background information)
- Directive harmonising certain aspects of insolvency law (partial general approach), 29 November 2024
EU Charter on Fundamental Rights
The Council approved conclusions on the application of the EU Charter on Fundamental Rights. They focus on the ways funding can promote, protect and enforce fundamental rights. The conclusions stress that civil society organisations are key in making sure that EU citizens can enjoy the fundamental rights granted by the Charter and that EU funding is vital in enabling this engagement. They also stress that this funding must be in line with relevant rules and obligations.
During the ministers’ exchange of views, Ms Sirpa Rautio, Director of the Fundamental Rights Agency, shared her perspectives on the current state of play as regards the financial situation of civil society organisations and the importance of their adequate funding.
These conclusions are a follow-up to the Commission’s 2024 annual report on the implementation of the Charter. The report provides an overview of developments in the field of fundamental rights funding.
Rule of law
At their working lunch, justice ministers discussed the rule of law and in particular how to further safeguard national justice systems against attempts to undermine their independence and impartiality, and the adequacy of the EU toolbox to address current and possible future challenges to judicial independence.
Other business
The Commission informed ministers on the state of play about the UN Convention against cybercrime. The final text of the Convention was adopted by the UN General Assembly on 24 December 2024. For the EU to sign the Convention, the Council will have to adopt a (forthcoming) decision. This Council decision will also require the consent of the European Parliament.
The Commission also informed ministers about the evolution of the EU-US negotiations on an e-evidence agreement and the presidency informed the Council on the follow up to the conclusions approved under the Belgian presidency on strengthening the judicial cooperation with third countries in the fight against organised crime.
Preparatory documents
- Provisional list of A items, non-legislative activities
- Provisional list of A items, addition 1
- Provisional agenda
- Background brief
Outcome documents
Source – EU Council