Agenda of the EU Justice and Home Affairs Council, 4-5 December 2023

Justice

Judicial cooperation

The Council will aim to adopt a general approach (member states position) on a new EU law on the transfer of proceedings in criminal matters. As the increase in cross-border crime has led to situations where several member states have jurisdiction to prosecute the same case, the proposal aims to prevent unnecessary parallel proceedings and to contribute to the efficient and proper administration of criminal justice in the member states.

• The EU’s fight against organised crime (background information)

Rights of victims

Ministers will then hold a policy debate about the revision of the directive on the rights of victims. This update will establish and strengthen minimum rules to make sure victims of a crime receive support, access to information, can seek justice and obtain compensation.

Russia’s war of aggression against Ukraine

As has been the case since the beginning of the war, the Council will return to the issue of the fight against impunity. The presidency will provide a state of play about actions of the EU and member states which ensure that those responsible for waging a war of aggression against Ukraine will be held to account.

• EU response to Russia’s invasion of Ukraine (background information)

Infographic – College of the EU Public Prosecutor’s Office (EPPO)

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European Public Prosecutors Office (EPPO)

Ministers will exchange views on a Commission study on the functioning of the EPPO.
The EPPO is an independent body responsible for investigating, prosecuting and bringing to judgment crimes against the financial interests of the EU. It started its operations on 1 June 2021.

The Council will also be invited to approve the Council position on the application of the General Data Protection Regulation and the European e-Justice Strategy 2024-2028. The goal of the e-Justice strategy is to contribute to the implementation of recently adopted EU laws and non-legislative initiatives who aim at digitalising the justice area. The presidency will also give an update on the EU accession to the European Convention for the Protection of Human Rights.

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.

• The Schengen area explained (background information)

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 migration and asylum policy (background information)
• EU asylum rules (background information)

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.

• The EU’s response to terrorism (background information)

Meeting information

• Meeting n°3992
• Brussels
• 4-5 December 2023

Preparatory documents

• List of A items, non-legislative activities
• Provisional agenda
• Background brief