Justice and Home Affairs Council, 06-07/06/2019, 6-7 June 2019

Main results

Justice (Thursday 6 June)

E-evidence

The Council gave two mandates to the Commission to negotiate an agreement facilitating access to e-evidence with the US and to participate in the negotiations in the Council of Europe on a second additional protocol to the Cybercrime Convention. Both instruments  would aim to facilitate access to e-evidence, such as e-mails or documents located in the Cloud, as part of criminal investigations. They will complement the EU framework on access to e-evidence currently being discussed by the EU institutions. On the latter, the Council also adopted today a complement to its position on the e-evidence regulation, regarding the certificates.

• Council gives mandate to Commission to negotiate international agreements on e-evidence in criminal matters (press release, 06/06/2019)
• Better access to e-evidence to fight crime (background information)
• Regulation on European production and preservation orders for electronic evidence in criminal matters (Annexes), 17 May 2019

Data retention

The Council tasked the Commission to continue working on the issue of retention of data for  investigating serious crime efficiently and to produce a comprehensive study on possible solutions for retaining such data, including the consideration of a future legislative initiative.

Ministers also noted that while data retention is an essential tool for fighting serious crime, its use should take into account the need to protect fundamental rights and freedoms.

• Data retention to fight crime: Council adopts conclusions (press release, 06/06/2019)

Data retention is critical to our being able to access vital evidence as part of the fight against serious crime. Today, we tasked the Commission to come forward with a study so we can make rapid progress towards a solution which strikes the right balance between the needs of our law enforcement and judicial authorities and our commitment to protect fundamental rights and freedoms. Ana Birchall, Romanian Vice Prime Minister, Minister for Justice ad-interim

Digitalisation of judicial cooperation

Ministers debated the issue of the digitalisation of cross-border judicial cooperation in civil and commercial matters. The debate was held in the framework of the revision of the regulations on the service of documents and on the taking of evidence. Adaptation of European judiciaries to digital developments is an important line of action which can help consolidating the area of freedom, security and justice, and facilitate easy interaction with citizens.

The presidency concluded the Council confirmed the need to modernise processes and noted the preference expressed for a decentralised and secured IT system, which could be based on the software solution provided by e-Codex. Its use could be mandatory only with certain conditions, including a longer transition period, a back-end reference system to be provided by the Commission and appropriate exceptions when necessary. Work will continue at expert level under the Finnish presidency.

Group of States against Corruption (GRECO)

The Council invited the Commission to submit a draft decision related to the participation of the EU to the Group of States against Corruption (GRECO) with observer status.

GRECO was established in 1999 by the Council of Europe. GRECO’s objective is to improve the capacity of its members to fight corruption by monitoring their compliance with anti-corruption standards through a dynamic process of mutual evaluation and peer pressure.

• GRECO website

Home affairs (Friday 7 June)

Migration and asylum

Ministers had an exchange of views on the future of EU migration and asylum policy. On the basis of this exchange, discussions will continue within the Council over the coming months. The debate covered both internal and external aspects of the EU comprehensive approach to migration, including cooperating with international partners, reducing incentives for illegal migration through effective returns, fighting smuggling networks and reforming the common European asylum system.

Over lunch, ministers exchanged views on future global developments in the area of migration, in the presence of the UN High Commissioner for Refugees and the Director General of the International Organization for Migration.

The Council reached a partial general approach on a proposal to reform the return directive. The proposed new rules would speed up return procedures, prevent absconding and secondary movements, and increase the rate of returns.

• Migration policy: Council agrees partial negotiating position on return directive (press release, 07/06/2019)

Our meeting today focused on the challenges ahead in the areas of migration and security. A lot has been achieved in recent years to fight terrorism and organised crime and to develop a comprehensive approach to migration. But more can still be done to deliver in these areas. Our discussions today opened the way for a more detailed analysis in the months to come. Carmen Daniela Dan, Romanian minister of internal affairs

Internal security

Ministers began discussions on the future of EU policy in the area of internal security and, in particular, law enforcement cooperation. Ministers expressed their views on a number of possible areas for action, including improving data connection and analysis, pooling resources in research and innovation and building a technology hub, working on a stronger framework for operational cooperation, and ensuring a sustainable financial outlook and investment in innovation for internal security. The discussion will be continued in more detail over the next few months.

Under any other business, the Counter-Terrorism Coordinator updated ministers on the implications of 5G in the area of internal security.

Multiannual financial framework sectoral proposals

The Council today reached partial general approaches on three sectoral home affairs proposals in the context of the multiannual financial framework (MFF) for the period 2021-2027: the asylum and migration fund, the instrument for financial support for border management and visa and the internal security fund.

• Funding for migration, border and security policies: Council agrees its position (press release, 07/06/2019)