Main results

Data retention

Ministers held an exchange of views on the retention of electronic communication data by service providers, which can disclose it to law enforcement and judicial authorities under certain strict conditions. The ministers considered, in particular, whether legislation should be adopted at EU level to ensure a harmonised legal regime or whether police and judicial cooperation should rely solely on national data retention laws.

Ministers reiterated their concern at the impact of the recent case-law of the European Court of Justice on criminal investigations. They highlighted the need to find a common approach on this issue which complies with the rulings of the court and fully respects fundamental rights, and a large majority considered that a common European legal framework would be needed to achieve a coherent response at EU level. The Presidency and European Commission will now reflect on the next steps.

The retention of data is a crucial tool for our law enforcement authorities when carrying out investigations, and it is clear the current situation of uncertainty increases the risks to the security of our citizens. Today we reiterated our commitment to finding a common solution; one which allows our police and judicial authorities to carry out their work while fully ensuring the rights to privacy of our citizens. Francisca Van Dunem, Portuguese Minister for Justice

Fundamental rights

Ministers discussed how to strengthen the application of the EU Charter of Fundamental Rights, and welcomed the Commission strategy presented in December 2020 and the recent Council conclusions on this topic. They also highlighted the important role of the EU agency for fundamental rights (FRA).

The Commission Strategy and the Council conclusions focus on targeted, practical actions, such as training, awareness raising for the public, proper funding and monitoring of the relevant acts, through which the implementation of the Charter can be concretely enhanced.

• Council conclusions on strengthening the application of the Charter of Fundamental Rights in the EU (5 March 2021)
• Commission strategy to strengthen the application of the Charter of Fundamental Rights in the EU (2 December 2020)
• Protection and promotion of human rights (background information)

Judicial training

Ministers were informed about the conclusions on boosting the training of justice professionals, adopted on 8 March 2021.

These conclusions welcome the ambitious European judicial training strategy for 2021-2024, presented by the Commission in December 2020, and emphasise that European judicial training should contribute to fostering respect for the rule of law and strengthening the European rule of law culture. The conclusions also highlight the close ties between judicial training and the digitalisation of justice in the EU.

In the conclusions, the Council calls on member states to encourage the use of training possibilities, invest in the digitalisation of judicial training, enhance training in EU law, emphasise the multidisciplinary approach of judicial training and provide support to the judiciaries beyond the EU, in particular those in the Western Balkans.

• Council conclusions on boosting the training of justice professionals (8 March 2021)

European Public Prosecutor's Office

Justice ministers were informed by the Commission about the state of play with regard to the implementation of the EPPO regulation. Work is ongoing in several areas in order to get the EPPO up and running as soon as possible.

In past months progress has been made on the appointment of the European Delegated Prosecutors, however nominations by a number of member states are still pending. Work is also ongoing on the EPPO’s relations with third countries and international organisations. This includes the notification of the EPPO as competent judicial authority under relevant UN conventions and in relation to the 1959 European convention on mutual assistance in criminal matters. It also concerns the identification of third countries with which the EPPO could conclude operational agreements.

• European Public Prosecutor's Office (background information)