On the second day of the Justice and Home Affairs Council, which took place in Brussels on 3-4 March, EU Justice Ministers examined topics aimed at, inter alia, strengthening the data protection rights, improving the position of small- and medium-sized enterprises (SMEs) and combatting fraud against the EU’s budget. The meeting was chaired by the Greek Minister of Justice, Transparency and Human Rights, Charalampos Athanasiou.

“I am very pleased with the progress achieved today in many important files. We are optimistic that during our Presidency we will make substantial steps forward and, in some cases, reach definitive agreements”, Minister Athanasiou stressed.

The Data Protection Regulation is part of a comprehensive reform of the EU's 1995 data protection rules. Its main objective is to reinforce online privacy rights and boost Europe's digital economy. EU Justice Ministers presented their views on key issues and expressed their broad support for the draft provisions as regards the territorial scope of the Regulation. They also confirmed that transfers of personal data to third countries should take place on the basis of principles contained in chapter V of the Regulation, ensuring that Union rules apply to controllers not established in the EU, when processing personal data of Union residents. Ministers defined guidelines for further discussions at expert level. Mr Athanasiou emphasized that “The Greek Presidency attaches great importance to the issue of data protection. We will endeavour to make as much progress as possible on this crucial file”.

The European Public Prosecutor's Office (EPPO) will be competent only for offences affecting the EU's budget, a top priority under the current economic circumstances. Member States continued their active discussion on establishing this new institution and expressed their preference for a collegial body safeguarding the independence and efficiency of the Office. Regarding the tasks and competences of the EPPO, the majority of Member States spoke in support of national prosecution authorities maintaining their competence when handling minor cases of fraud locally. However, minor cross-border cases of fraud against the EU’s budget will fall under the jurisdiction of the EPPO. “The Presidency is committed to ensure that the file will advance as rapidly as possible”, Minister Athanasiou said.

The Stockholm Programme places a strong focus on the strengthening of the rights of individuals in criminal proceedings. In this framework, Justice Ministers discussed the recently presented Directive on procedural safeguards for children suspected or accused in criminal proceedings and agreed to accelerate discussions at a technical level. The Presidency aims at reaching a general approach on the text at the Justice and Home Affairs Council in June.

The revision of the Insolvency Regulation will make cross‐border insolvency proceedings more efficient and quicker and respond to the need for small and medium sized businesses to survive the financial crisis. Ministers were informed by the Presidency on the state of play of the legislative proposal. “It is important to help viable businesses survive and give honest entrepreneurs a second chance. We would like to reach a final agreement on this file by the end of our six-month term”, Minister Athanasiou said.
The Council confirmed the political agreement reached by the Greek Presidency with the European Parliament on the Regulation creating a European Account Preservation Order. The Regulation will facilitate the recovery of cross-border claims for citizens and businesses, in particular small and medium-sized enterprises (SMEs) and improve the efficiency of enforcement of judgments in civil and commercial matters concerning cross-border disputes. “In a tough economic climate for Europe, it is vital for the economies of Member States to provide citizens and businesses with a significant procedural tool, that can help them recover their cross-border claims in a quick and efficient manner”, Minister Athanasiou said.

The Presidency briefed the Council on the agreement reached with the European Parliament on the Regulation amending Regulation (EU) No 1215/2012 governing jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I Regulation). The amendments will ensure coherence between the Unified Patent Court agreement and the Brussels I Regulation and contribute to the creation of both unitary patent protection and unitary patent litigation system in the EU.

Justice Ministers were also informed about the agreement with the European Parliament on the Directive protecting the Euro and other currencies against counterfeiting by criminal law. Its main objective is to strengthen the protection of the Euro and other currencies against counterfeiting and to mitigate the risk of “forum shopping”.

The European Commission made a presentation on the 2014 Justice Scoreboard, a tool to effectively promote justice and growth by providing comparable data on the functioning of the justice systems. The 2014 Justice Scoreboard is expected to be adopted by mid-March.

The Ministers approved the Council conclusions on the civil and commercial justice systems in the European Union, drafted by the Greek Presidency. This item is linked to the EU Justice Scoreboard. “One of the key elements for the evaluation of justice systems is the quality of their functioning and not only, or primarily, quantitative criteria. On the other hand, national justice systems in Member States vary widely. Therefore, comparing these systems is a difficult exercise”, Minister Athanasiou noted.

EU Justice Ministers heard a presentation by the Commission on the main aspects of its forthcoming communication on the future development of the Justice and Home Affairs area. “Democracy, rule of law and fundamental rights are non-negotiable principles and values of the EU. The JHA Council in June will consider the opinions of Member States, the position of the European Parliament, the Commission’s communication and the public consultation so as to prepare a substantial contribution in view of the meeting of the European Council the same month”, Minister Athanasiou underlined.

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