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The informal meeting of justice and home affairs ministers will be held in Lille on 3 and 4 February 2022. The ministers for home affairs will meet on 3 February, along with the European Commission, representatives from Frontex, Europol and the Agency for Asylum. The justice ministers will meet on 4 February.
Informal Meeting of Ministers for Home Affairs (3 February)
Discussions will focus on four subjects:
The Schengen reform
The Schengen Area is one of the primary achievements of the European Union. The challenges faced over the last few years (migration crises, terrorist attacks, the pandemic, etc.) have demonstrated the need to reinforce the means of protecting our external borders.
Several current reforms, presented by the European Commission as part of its “Schengen Strategy” last June, contribute to strengthening Schengen cooperation in terms of:
- evaluating the proper application of the acquis by the Member States;
- clarifying the framework for reintroducing internal border controls, responding to the instrumentalisation of migration by third countries, and lessons from the pandemic; and
- introducing exhaustive checks on irregular arrivals at the external border.
The French Presidency is encouraging the Member States to move these negotiations forward quickly and to provide more political and responsive governance to the Schengen Area, in order to effectively bring about a reform of all of Schengen.
The future of civil protection in Europe
European civil protection policy has been broadly strengthened in recent years. At its core is the EU Civil Protection Mechanism, an instrument for mutual assistance and solidarity created in 2001 and strengthened in 2019 and 2021. In light of climate change and the new risks confronting Europe, the ministers will discuss the best use of these reinforced resources, drawing on the expertise of each Member State as well as the resources offered by citizen engagement, such as volunteers and organisations.
The fight against radicalisation
During a working lunch, the ministers will address how to curb the development of ecosystems within our societies that run counter to our values. Gilles Kepel, a specialist in Islam and the contemporary Arab world, and professor at the Paris Sciences et Lettres University and Sciences Po, will launch these discussions, which will cover the issue of the financing of radical entities.
The Pact on Migration and Asylum
The European Union continues to face major challenges in terms of migration and protecting its external borders. These challenges call for a European response to improve our collective control over migratory phenomena and to strengthen our area of free movement.
With this aim, the European Commission presented a Pact on Migration and Asylum on 23 September 2020. The French Presidency believes that given its complexity, this series of reforms calls for a process of gradual negotiation, while maintaining a high level of ambition.
The ministers will thus discuss the content of a first phase of negotiation, capable of leading to rapid results on both a legislative and operational level, in terms of partnerships with third countries, border control, support for the most affected Member States and controlling inflows of secondary movements.
The principle of balance between solidarity and responsibility remains central to this initial phase, as well as those that follow.
Informal Meeting of Ministers responsible for Justice (4 February)
The discussions will focus on three themes.
Protecting European citizens against hate crimes and speech
The fight against hate speech and crime is one of the priorities of the French Presidency of the Council of the European Union.
In a context where serious incidences of online hate is growing, the European Union is considering new means of action in close connection with digital platforms, to fight against these direct threats to its founding values.
The discussion will include the European Commission’s proposal reminding Member States of their commitment to upholding the values of the EU by adding “hate speech and hate crime” to the list of European crimes defined in Article 83(1) of the Treaty on the Functioning of the European Union.
The meeting will also be an opportunity for discussion with representatives of major internet companies (Google, Meta and Twitter) who will be participating. The discussions will focus on the relationships of these operators with judicial authorities, the difficulties identified and the areas for potential improvement, especially through strengthening the European legal framework on obtaining digital evidence. Laure Beccuau, Paris public prosecutor, will also speak about her experience.
The director of the European Union Agency for Fundamental Rights will also participate in the morning’s working session.
Strengthening the efficiency of abduction alert systems
Discussions will then turn to alert systems for warning the public in the case of child abduction. Currently, there is no European alert system for abduction and not all Member States are equipped. And yet, child abductors are not limited by borders where more than 35% of Europeans live in border areas and where everyone can move freely.
The ministers responsible for justice will discuss the issue of extending the alerts across borders and coordinating national systems with a view to strengthening their effectiveness.
Considering the procedures for recognition of parenthood between Member States
Lastly, the discussions will focus on the recognition of parenthood between Member States. While extensive cooperation exists regarding family matters, be it for divorce, separation, parental responsibility or succession, there is currently no EU legislation for applicable law or recognition of documents and decisions regarding links of parentage, as these are governed by the national laws of each Member State. However, the lack of recognition by a Member State of a link of parentage established in another Member State can have significant consequences for children.
EU-wide recognition of links of parentage established within a Member State and upholding the rights of children vis-à-vis their parents within the European Union must therefore be safeguarded as matters of major importance, while respecting the legitimate differences between legislation on the establishment of parentage links.
A legislative initiative on the recognition of parenthood between Member States may be proposed by the European Commission. The ministers responsible for justice will be invited to jointly discuss this opportunity and the shape that such an initiative could take.