Justice
Rights of victims
Millions of people fall victim of a crime every year. A law which is currently on the table of the Council would amend and strengthen the existing minimum rules of the victims’ rights directive, which makes sure victims of a crime receive support, access to information, can seek justice and obtain compensation. During their debate on this law, ministers focussed on the issue of compensation as well as on the proposal to group several support services for child victims in the same premises. Ministers expressed their strong support for the objective of reinforcing the EU legal framework. But there also was a clear plea for flexibility for member states, in particular as regards the rules on compensation to victims and on the integrated support services for child victims.
Judicial cooperation
The Council addressed a number of files which all share the objective of tightening judicial cooperation between EU countries. Ministers approved the e-Justice Strategy for the years 2024 to 2028. The strategy will give guidance to member states in implementing a broad range of legislative and non-legislative initiatives, which together will speed up the digitalisation process and the use of digital services in the justice area. The new strategy sets the ambition for e-Justice in the coming years and identifies the working areas in this sector.
The strategy will also complement the legislative package on the digitalisation of justice which should be adopted before the end of the year.
The Council also adopted a general approach (member states’ position) on a new EU law on the transfer of proceedings in criminal matters. The proposed law foresees among other things a list of common criteria for the transfer of proceedings, a time limit for a decision on the transfer of proceedings, obligations with respect to the rights for suspects and accused persons as well as victims, and rules on the use of cross-border digital channels for communication between authorities.
European Public Prosecutors Office (EPPO)
Ministers exchanged views on the functioning of the EPPO and in particular on the relationship between the EPPO and national authorities. Although the EPPO is an independent European body it brings prosecution before national courts and it depends partly on national authorities to receive information to start investigations. It also needs the support of national authorities to carry out these investigations.
The EPPO is responsible for investigating, prosecuting and bringing to judgment crimes against the financial interests of the EU. It started its operations on 1 June 2021. Only in 2022, the EPPO had opened more than 800 investigations and close to 360 million euros had been frozen in EPPO investigations.
- European Public Prosecutor’s Office (background information)
- Infographic – College of the EU Public Prosecutor’s Office (EPPO): See full infographic
Application of the General Data Protection Regulation (GDPR)
Justice ministers approved the Council position and findings on the application of the GDPR. This Council position will feed into a Commission report, planned in 2024, on the evaluation of the GDPR. This Council position provides input into this process.
The Council position acknowledges the success of the GDPR in harmonising data protection rules at EU level and in strengthening the protection of individuals in an increasingly digitalised society. The positive influence of the GDPR at international level and in fostering a data protection culture within organisations is also stressed. However, the position also highlights challenges and points of concern such as the compliance burden for smaller organisations, for instance SMEs, which need to be supported with guidance and practical tools.
EU accession to the European Convention on Human Rights
The presidency provided an update on the work carried out for the accession of the EU to the European Convention on Human Rights (ECHR). Negotiations on the agreement started in 2010. In 2014 the European Court of Justice concluded that the provisional agreement reached by the Council on the text of the draft accession was not fully compatible with the EU Treaties. Negotiations resumed in June 2020.
The presidency informed ministers that discussions were ongoing on the open points which relate to the judicial review of EU acts in the common foreign and security policy area as well as internal rules related to the accession.
The accession of the EU became a legal obligation under the Treaty of Lisbon. It will take the form of an agreement between the EU and the contracting parties to the ECHR. With this accession, the EU institutions would be bound by the Convention.
Other business
Under other business the presidency gave an update about the current legislative proposals under discussion in the Council and provided information about
- the appointment process of the new director for the European Union Agency for Fundamental Rights
- the EU-Western Balkans Ministerial Forum on Justice and Home Affairs (which took place in Skopje on 26-27 October 2023)
- the EU-US Ministerial meeting on Justice and Home Affairs (Washington DC, 13-14 November 2023)
The Commission informed ministers about negotiations between the EU and the US on an e-evidence agreement and about the annual report on the application of the EU Charter of Fundamental Rights. The incoming Belgian presidency presented its work programme.
Home affairs
Schengen area
At the meeting of ministers of the interior, the Commission will present the Schengen barometer, a recurring analysis of the state of the Schengen area on the basis of key indicators. In this context, the Spanish presidency of the Council is planning a discussion among ministers on ways to improve returns (of rejected asylum applicants), looking not only at cooperation with third countries but also at ways to improve national internal procedures to enhance returns.
Asylum and migration
The presidency will provide ministers with a progress report on all the legislative files of the Pact on asylum and migration. The various proposals of the Pact will reform the common European asylum system and result in a common EU framework dealing with all aspects of asylum and migration management.
Ministers will also receive a state of play of the external dimension of migration. This is about EU policies to face the migratory challenges the EU shares with other continents and countries.
EU internal security
Internal security topics will feature high on the agenda of ministers. Firstly, ministers will review the implications that the Russian war of aggression against Ukraine has on the EU’s internal security. The Council will also exchange of views on the implications of the situation in the Middle East for the EU’s internal security. And the chair of the counter-terrorism group will update ministers on the state of play of the cooperation between the authorities responsible for the fight against terrorism.
The presidency will finally present a progress report on the Council recommendation on critical infrastructure. This recommendation outlines how member states and the EU institutions should cooperate in case of an incident on critical infrastructure with significant cross-border relevance.
Meeting information
- Meeting n°3992
- Brussels
- 4-5 December 2023
Preparatory documents
Outcome documents
Press releases