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ONGOING
Council of the EU
Justice and Home Affairs Council, 13-14 October 2022
Main results - Thursday 13 October
Justice
Judicial responses and the fight against impunity in Ukraine
Ministers took stock of ongoing work on judicial responses and the fight against impunity regarding crimes committed in connection with Russia’s war of aggression against Ukraine. This includes support for the investigation and prosecution of war crimes and the other most serious crimes, as well as action to ensure the full implementation of the individual and economic sanctions adopted.
In the last week we have witnessed more horrific and indiscriminate attacks by Russia targeting Ukrainian citizens and civilian infrastructure. These are the latest in a long list of atrocities committed by Russia throughout Ukraine. The EU stands firmly behind the Ukrainian people and will work hand in hand with the Ukrainian authorities and the international community to bring those responsible to justice.Pavel Blažek, Czech Minister of Justice
The authorities of six EU member states and Ukraine, with the support of Eurojust, have established a joint investigation team or joined it later to facilitate the exchange of information and evidence and support criminal investigations into the crimes committed in Ukraine. The role of Eurojust has also been strengthened to allow the agency to preserve, store and analyse evidence of war crimes. Member states are providing an additional €7 million to support the International Criminal Court, as well as forensic support to Ukraine for the collection of evidence.
To ensure the full implementation of the sanctions adopted, the European Commission has created a ‘freeze and seize taskforce’ to facilitate coordination. On 24 October the Council is expected to adopt a decision extending the list of ‘EU crimes’ to include the violation of EU’s restrictive measures. The Commission will then be able to submit a proposal to harmonise national legislation on this matter.Judicial responses and the fight against impunity regarding crimes committed in connection with Russia’s war of aggression (state of play)
Support in the investigation and prosecution of war crimes (background information)
EU restrictive measures against Russia over Ukraine (background information)
Judicial training
Ministers of justice exchanged views on judicial training and its impact on access to justice in the context of the rule of law. In this respect, the importance and role of training in ensuring a better quality of the judiciary and in further reinforcing its independence was emphasised.
Ministers highlighted the existence of national training schools, as well as the participation of judges in European trainings and exchanges. They focused on how to ensure a high level of participation by judges in continuing training and shared existing national measures for monitoring participation in judicial training and assessing its impact and effectiveness.
Ministers also shared whether any links exist at national level between the participation in judicial training and the career development of judges. They stated that they have not experienced tensions between the participation of judges in judicial training and their independence.Judicial training and its impact on access to justice (Presidency note)
Infographic - How the EU fights environmental crimeSee full infographic
Environmental crime
Ministers assessed progress made in discussions on the draft environmental crime directive. During discussions at technical level, experts have made substantial progress towards a legislative text that can be supported by a qualified majority of member states. A large majority could agree to sanction levels for natural persons regarding serious and less serious crimes to be set at five and three years respectively. Other aspects relating to sanctions, including the maximum level of penalties for legal persons, remain open.
The Presidency aims to reach an overall general approach on this text at the December Justice and Home Affairs Council.Environmental crime directive (progress report)
Environmental crime directive (partial general approach)
European Public Prosecutor's Office
The Commission and the European Chief Prosecutor informed ministers about the latest developments in the functioning of the European Public Prosecutor's Office (EPPO). The EPPO started its operations in June 2021 and in its first year it opened 929 investigations, issued 28 indictments, secured 4 convictions, and was granted freezing orders for €259 million. Within the Council, work is ongoing on the relations of the EPPO with third countries and international organisations and the process to appoint 8 new European Prosecutors who will replace those ceasing their functions in July 2023 will be launched soon.
The European Commission and the European Chief Prosecutor also mentioned the question of possible extension of the mandate of the EPPO to cover the prosecution of violation of EU sanctions. This topic would require in depth consideration.European Public Prosecutor's Office (background information)
European Public Prosecutor's Office website
Fundamental rights in times of crises
Over lunch, ministers exchanged views on upholding fundamental rights in times of crises, in the presence of the director of the Fundamental Rights Agency. They assessed the resilience of the human rights infrastructure (in particular national institutions, the judiciary and civil society) in the face of crises. They also considered what further steps should be taken to increase this resilience.Protection and promotion of human rights (background information)
Other items
Under any other business the Presidency informed ministers of ongoing work on a number of legislative proposals and reported on the workshop on cross-border protection of vulnerable adults which took place on 20 September.
The European Commission presented its legislative package on civil liability in relation to the use of artificial intelligence and liability for defective products. It also informed ministers about the first report on the application of the data protection law enforcement directive, as well as of the latest developments on an EU-US data privacy framework.
The Council also adopted without discussion the items on the lists of legislative and non-legislative A items.Overview of the current legislative proposals
Live streaming
Live streaming
Friday 14 October08:30 Arrivals (Home Affairs)
17:00 Public session (Home Affairs)
17:30 Press conference (Home Affairs)
Estimated schedule
Agenda highlights - Home Affairs, 14 October
Schengen Council
Ministers will exchange views on the overall state of the Schengen area with a particular focus on the management of external borders, and will decide actions in this field. This exchange will take place on the basis of a Commission barometer and a risk analysis by Frontex. Regular discussions on the state of Schengen aim to ensure a better overall steering at ministerial level of matters concerning the Schengen area. Since March 2022, this format is convened on the occasion of every Justice and Home Affairs Council meeting.
The Council will be invited to approve conclusions on the multiannual strategic policy cycle for European integrated border management (EIBM). Taking into account the political guidance by the Council contained in the conclusions, the Commission will publish its EIBM communication by the end of 2022 and, on that basis, enable Frontex to prepare a technical and operational strategy for EIBM and the member states their national EIBM strategies.Strengthening the EU’s external borders (background information)
Infographic - Refugees from Ukraine in the EUSee full infographic
Russia’s aggression against Ukraine
Ministers will discuss the situation of refugees in the EU, as well as the internal security implications in the context of the war in Ukraine.
Since 24 February, EU member states have put in place reception capacities to host over 4 million people who have arrived to the EU seeking refuge from the war in Ukraine. On 4 March the Council unanimously introduced temporary protection to provide immediate and collective protection to these persons. The EU has also provided support to the most affected member states through its civil protection mechanism and EU agencies and is working to unlock additional funds to provide emergency support.
EU home affairs ministers have also supported the mobilisation of the EU platform for fighting organised and serious crime (EMPACT) to help EU member states tackle criminal networks and individuals who may try to exploit the war in Ukraine. Crimes in conflict situations may include human trafficking, cyber-attacks or arms trafficking.Reception of refugees (background information)
EU fight against organised crime (background information)
Asylum and migration
The presidency will provide a state of play on the files regarding asylum and migration.
Over lunch, ministers will discuss recent evolutions in the Western Balkans migratory route, which has seen a large upsurge in migrant numbers this year.EU asylum reform (background information)
EU migration policy (background information)
Meeting information
Meeting n°3899
Luxembourg
13 October 2022
09:30
Preparatory documentsProvisional agenda
List of A items, non-legislative activities
List of A items, legislative deliberations
Background brief
Outcome documentsList of participants
Meeting voting results
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General Affairs Council, 18 October 2022
Agenda highlights
October European Council
The Council will continue preparations for the European Council meeting on 20-21 October by discussing draft conclusions.European Council, 20-21 October 2022
Electoral law
In public session, ministers will hold a debate on the European Parliament's proposal for revising the EU rules governing the EP elections.Proposal for a Council regulation on the election of the Members of the European Parliament by direct universal suffrage
Conference on the Future of Europe
The Council will exchange views on the follow-up to the Conference on the Future of Europe.
The discussion will focus on the timing for submitting the European Parliament's proposals under Article 48(2) TEU and the organisation of the feedback event for citizens.Conference on the Future of Europe (background information and timeline)
Rule of law in Poland
As part of the Article 7(1) TEU procedure, the Council will discuss developments regarding the rule of law in Poland.Reasoned proposal regarding the rule of law in Poland
Meeting information
Meeting n°3902
Luxembourg
18 October 2022
10:00
Preparatory documentsProvisional agenda
Background brief
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Press release
13 October 202217:00
The Informal EPSCO Council focused on the integration of refugees from Ukraine
On October 13 2022, representatives of the member states responsible for the employment agenda and social policy, European social partners and non-profit organizations met in the Prague Congress Center at the Informal Meeting of Ministers for Employment and Social Affairs (EPSCO). The main topic of discussion was the consequences of Russian aggression in Ukraine, specifically the integration of Ukrainian refugees into the labour market. The meeting will continue on 14 October and will focus on the impact of the energy crisis.
The war in Ukraine caused by Russian aggression has displaced millions of people who have found safety in many European countries. Member states provide refugees with accommodation, health care, and ensure they have access to the labour market or the education system. European countries also face other challenges in the field of social protection. Currently, the extent to which countries allow refugees to benefit from their national welfare systems is not united. There are differences in the range of benefits that can be provided to persons with temporary protection. In this context, the discussion focused on, among other things, whether the member states consider the current financial assistance of the EU to be sufficient and what forms of assistance they expect if the refugee crisis gets worse in the future.
For the next few months, the arrival of winter and Russia's targeted attacks against civilian infrastructure can cause another wave of refugees. It is our task to prepare for this eventuality. Available resources are not unlimited.Marian JurečkaDeputy Prime Minister and Minister of Labour and Social Affairs
The discussion also included examples of successful strategies and programs aimed at supporting people fleeing war and their integration into the labour market. "Our mutual exchange of experiences is key. Each country coped with the Ukrainian refugees in its own way, which gives us a large number of examples of good and also less successful practice. Acquainting ourselves with both the good practice of our neighbors and dead ends can significantly help us in further progress on a strategic and practical level," added Minister Jurečka. In the Czech Republic, more than 440,000 people received temporary protection after the outbreak of the war in Ukraine, which is the highest ratio of refugees to population in comparison with other European countries.