Justice, 10 December
COVID-19 lessons learned for the functioning of courts
Ministers exchanged views on the lessons learned from the COVID-19 pandemic for the functioning of courts and for the judicial review and scrutiny of emergency measures. They reflected on possible ways to address existing and future challenges stemming from the current and potential future emergency situations. Member states shared their best practices to mitigate the impact of the COVID-19 pandemic on the justice systems. In particular, they highlighted the importance of continuing work on digitalisation to ensure access to justice for every citizens, with adequate safeguards and in full compliance with fundamental rights.
Despite the difficulties generated by the pandemic, our national systems and constitutional courts generally demonstrated resilience. However, we must make sure when the next crisis comes, whatever its nature, we are even better prepared for it. One of the elements highlighted today was the importance of digitalisation of our justice systems, and we will continue to work in this area in the coming months, for the benefit of our citizens.
Marjan Dikaučič, Slovenian Minister for Justice
Combatting hate speech and hate crime
Over lunch, ministers discussed how to better combat hate speech and hate crime in order to make Europe more inclusive and protective. They focused on the biggest challenges and gaps faced by member states in their response, on the possible facilitating factors in support of their efforts, on best practices regarding cooperation with civil society and IT companies as well as on best practices regarding support and protection for specific groups of victims.
Hate speech and hate crime have no place in our open, democratic societies. Ensuring social media platforms remove hate speech and enforcing our criminal law response are two important areas on which we need to continue working. We also need to make sure we adequately support the victims and address the underlying root causes through better research and a joint effort with civil society and other public bodies.
Marjan Dikaučič, Slovenian Minister for Justice
e-evidence regulation
Ministers took stock of progress on the ongoing negotiations between the Council and the European Parliament regarding the e-evidence regulation.
Exchanges during the Slovenian Presidency have taken place at technical level and have focused on the notification regime. The main difference between the legislators as regards the notification obligations concerns the respective role of the states involved in the preservation or production order procedures.
The Presidency noted that the Council has offered to make substantial concessions to the Parliament with a view to reaching an agreement. These concessions have so far not been considered sufficient by the Parliament.
- Regulation on e-evidence (progress report)
EU accession to the European Convention on Human Rights
Ministers were updated on the state of play on the EU’s accession to the European Convention on Human Rights (ECHR). The presidency reported on progress made in the negotiations in the Council of Europe and the preparations within the competent Council bodies.
The accession negotiations are conducted by an ad-hoc group of the Council of Europe. During the current semester, the 10th, 11th and 12th meetings of the ad-hoc group took place. The focus of these discussions was the EU’s specific mechanisms of the procedure before the European Court of Human Rights, as well as the inter-party applications, the principle of mutual trust between the EU member states and issues from the CFSP area. In parallel to this work, experts focused also on the preparation of the EU internal rules that will be needed for the future accession agreement.
European Public Prosecutor’s Office
The Commission and the presidency informed ministers about the latest developments regarding the setting up of the European Public Prosecutor’s Office (EPPO). The European Chief Prosecutor attended the discussion on this point.
The EPPO has already opened more than 400 investigations for damages estimated to billions of euros and it is already taking key investigative measures. It has conducted search and seizure operations and several suspects have already been arrested in proceedings conducted by EPPO. The work of EPPO has already led to a first conviction.
- European Public Prosecutor’s Office (background information)
- European Public Prosecutor’s Office website
Other business
The presidency informed ministers about the latest developments in work on current legislative proposals.
The Commission presented its recent proposals to digitalise EU justice systems and its first report on the application of the EU fundamental rights charter with a thematic approach, focusing on fundamental rights in the digital age. The Commission also referred to future proposals in the field of justice, including civil and criminal justice, for this and next year.
The presidency reported on the outcome of the EU-Western Balkans Justice and Home Affairs ministerial meeting and the preparations and the agenda for the upcoming EU-US Justice and Home Affairs ministerial meeting.
The upcoming French Presidency of the Council presented its work programme and priorities for the next six months.
Home affairs, 9 December
Hybrid threats and migratory challenges
Ministers discussed the issues of hybrid attacks and of migrant smuggling. They focused in particular on the effectiveness of the current tools in responding to these phenomena and on the tools needed to be better prepared for the future.
Since a few months, we are witnessing another dimension of the migration challenge, with the hybrid attack by the Belarus regime. At the same time, there are a number of other different, but no less pressing, migration challenges at our external border. Today we held an open discussion on possible further actions to improve the protection of our external borders and prevent the loss of lives.
Aleš Hojs, Slovenian Minister for the Interior
Ministers considered what additional actions in the field of home affairs the EU can still take in order to respond to the use of migration as a hybrid threat and to deter similar attempts in the future. They discussed what measures should be taken as a matter of priority to effectively prevent secondary movements within the EU and to break the business model of smugglers. Taking into account the efforts put into strengthening the external dimension of migration over the last months, ministers also discussed which other elements should be prioritised at EU level.
Over lunch, ministers discussed sustainable solutions in respect of the migration and asylum pact.
- EU relations with Belarus (background information)
- Restrictive measures against Belarus (background information)
- EU migration policy (background information)
Next Generation EU: infiltration by organised crime
Ministers held a debate on the Next Generation EU recovery funds and on how infiltration by organised crime into legal structures and processes can best be prevented.
We cannot afford a situation where taxpayers’ money ends up supporting the activities of organised crime or where our legal structures and processes are abused to create legitimate fronts for criminal activities. Today ministers highlighted the importance of having a good picture of the threat we are facing and the need to act jointly to counter it.
Aleš Hojs, Slovenian Minister for the Interior
Ministers underlined the importance of using a variety of tools and a coordinated EU approach to prevent and counter infiltration by organised crime into legal structures. They also highlighted the need for member states to exchange information about the vulnerabilities of legal structures by evaluating a variety of indicators. A better intelligence picture by the member states and the relevant JHA agencies is also needed.
Ministers also took note of the Commission presentation on the new proposals on Prum, law enforcement cooperation and exchange of information. Work on these proposals will continue at technical level within the Council.
Resilience of critical entities
Ministers took note of the agreement on a general approach reached by ambassadors yesterday, which is expected to be formally adopted by the Council on 20 December.
Improving the resilience of our critical infrastructures is vital for the security and prosperity of our societies. The changes in our security landscape, such as the current COVID-19 pandemic, hybrid threats or extreme weather events show us that we need to do more to be collectively prepared for future challenges. The agreement reached by ambassadors yesterday, which I expect to be formally adopted by the Council soon, is an important step in this direction.
Aleš Hojs, Slovenian Minister for the Interior
The EU is working on new rules to make critical infrastructures more resilient, resistant and shock-proof.
The draft directive on the resilience of critical entities aims to make sure these entities are ready to prevent, resist and recover from natural disasters, terrorism or health emergencies such as COVID-19. The draft Council mandate covers entities in nine sectors: energy, transport, banking, financial market infrastructures, health, drinking water, waste water, digital infrastructure and space.
Under the proposed new rules, critical entities should report disruptive incidents to national authorities, and EU members states should identify critical entities, carry out national risk assessments and have a strategy for ensuring the resilience of such entities.
Once the Council general approach is formally adopted, negotiations with the European Parliament can start.
- Proposal for a directive on the resilience of critical entities (draft general approach)
- How the EU responds to crises and builds resilience (background information)
Application of Schengen acquis in Croatia
The Council today concluded that Croatia has fulfilled the necessary conditions for the application of all parts of the Schengen acquis. This verification that the necessary conditions for the application of all parts of the Schengen acquis have been met by Croatia is a precondition for the Council to be able to take a subsequent decision allowing for the lifting of internal border controls.
Schengen evaluation and monitoring mechanism
Ministers assessed progress on the proposed Council regulation on a Schengen evaluation and monitoring mechanism. Discussions will now continue at technical level within the Council.
The proposal aims to make the Schengen area more adaptable to current and future challenges by increasing the strategic focus of this mechanism, shortening and simplifying the evaluation and monitoring procedures, strengthening the verification of the respect for fundamental rights in the implementation of the Schengen acquis and optimising the participation of all state and EU actors.
Implementation of interoperability
Ministers exchanged views on the implementation of interoperability. On the basis of the assessment by eu-LISA and the European Commission, they agreed on a revised timeline of mid-June 2022 for the upgraded Schengen Information System, end of September 2022 for the Entry/Exit System and May 2023 for ETIAS and ECRIS-TCN.
The aim remains to have the interoperability architecture in place by the end of 2023.
- Infographic – EU-wide IT systems for security and migration: See full infographic
Counter-terrorism cooperation
Ministers were briefed on the cooperation between competent authorities dealing with counterterrorism, in the presence of the counter-terrorism group (CTG).
Lessons learned from the terrorist attacks in Europe clearly showed that cooperation between law enforcement and intelligence actors is needed. In November 2016, ministers agreed to explore opportunities for cooperation between the CTG and Europol in areas of common interest, while fully respecting the sole competence of member states for national security.
Other business
The presidency informed ministers about the latest developments regarding work on current legislative proposals.
It also reported on the outcome of the EU-Western Balkans Justice and Home Affairs ministerial meeting and on the preparations and the agenda for the upcoming EU-US Justice and Home Affairs ministerial meeting.
The Presidency reported on the outcome of the virtual ministerial conference on the prevention and investigation of child sexual abuse, held on 11-12 November.
The upcoming French presidency of the Council presented its work programme and priorities for the next six months.
The Council also adopted without discussion the items that figure in the lists of legislative and non-legislative A items.
Meeting information
- Meeting n°3837
- Brussels
- 9 December 2021
- 10:00
Preparatory documents
- List of A items, non-legislative activities
- List of A items, legislative deliberations
- Provisional agenda
- Background brief
Outcome documents
Press releases
- Council concludes Croatia has fulfilled the necessary conditions for the full application of the Schengen acquis – 9 December 2021, 19:00
- Three new directors-general appointed in the Council’s General Secretariat – 9 December 2021, 15:35
- Democratic Republic of the Congo: Council extends current sanctions against 10 people for one more year – 9 December 2021, 14:10
- Migration and asylum pact: Council adopts EU asylum agency regulation – 9 December 2021, 10:20