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Justice and Home Affairs Council, 12-13 October: all the documentation including background
11.10.17
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Updated 16.10.17: On the agenda: European Public Prosecutors' Office, freezing and confiscation orders, the European Criminal Records Information System for third-country nationals, implementing data protection legislation, criminal justice in cyberspace, Schengen Borders Code, counter-terrorism resettlement and the reform of the Common European Asylum System.

Background

JUSTICE and HOME AFFAIRS COUNCIL Thursday 12 and Friday 13 October in Luxembourg (11 October 2017, pdf)

Agendas

Agenda: Legislative and non-legislative (pdf)

"A" Points: Non-legislative (adopted without discussion (pdf)

Final press release

Press release final for 12 & 13-10-17 (pdf)

Background documentation/overview by main agenda points

Quotes taken from the Council's background document.

European Public Prosecutor's Office (EPPO regulation)

"The Council is expected to adopt the regulation establishing the European Public Prosecutor's Office (EPPO) through enhanced cooperation."

See the explanatory statement attached to the European Parliament recommendation on the EPPO for a clear explanation of what the proposal entails: RECOMMENDATION on the draft Council regulation implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (29 September 2017, pdf)

Background documents from June: European Public Prosecutors Office (EPPO)

Mutual recognition of freezing and confiscation orders

"Ministers will hold a policy debate on the proposed regulation on the mutual recognition of freezing and confiscation orders. The discussion will focus on the issue of scope, in particular whether certain systems of preventive confiscation should also be covered by the proposed regulation, provided that the confiscation order is clearly linked to criminal activities and that appropriate procedural safeguards apply."

Documentation: Council of the European Union: freezing and confiscation orders and European Electronic Communications Code

European Criminal Records Information System (ECRIS)

"Ministers will discuss two questions on the proposed regulation to supplement and support the existing ECRIS by establishing a centralised system regarding conviction information on third- country nationals. This discussion aims to provide guidance for work to continue at technical level and will focus on:

  • whether to also include in the central system information on EU nationals who hold another nationality in addition (from a third country or another EU member state)
  • when to enter fingerprints in the system and, in particular, confirming that, as a minimum, fingerprints should be entered in the system when the person concerned has been convicted to a custodial sentence in relation to an intentionally committed criminal offence."

Documentation: Council of the European Union: Asylum Procedures & ECRIS-TCN

Fundamental rights

"Ministers will be updated by the European Commission and the Fundamental Rights Agency on current fundamental rights challenges, on the basis of their respective annual reports.

Following this, ministers are expected to adopt the conclusions on the application of the EU charter on fundamental rights in 2016."

Data protection

"Over lunch, ministers will exchange their experiences on the implementation of the data protection legislation, which will enter into force on May 2018."

Criminal justice in cyberspace

"Ministers will receive an update from the European Commission on its ongoing work on e-evidence. This follows the discussion by justice and home affairs ministers in June 2017, where they supported the swift implementation of a number of practical measures and the need to consider EU legislative action. Taking into account the sense of urgency raised by a number of ministers, the Commission announced its intention to present a legislative proposal early next year."

Documentation:

Mid-term review of the JHA strategic guidelines

"Ministers will have an exchange of views on the mid-term review of the 2014 strategic guidelines in the area of freedom, security and justice, focusing on the most important achievements so far and the issues which remain to be addressed."

See: EU COUNCIL: FROM A JHA "PROGRAMME" TO GENERAL "GUIDELINES": Guidelines for area of freedom, security and justice

Schengen Borders Code

"Ministers will have a preliminary discussion on the European Commission proposal to amend the Schengen Borders Code as regards the rules on temporary reintroduction of internal border controls. The proposal aims to respond to the evolving threats faced by member states."

Documentation: Commission's latest proposals: three year internal border controls, swifter returns, ensure relocations

Counter-terrorism

"Ministers will exchange views on how to improve cooperation between law enforcement and intelligence actors on counter-terrorism, whilst fully respecting the sole competence of member states for national security."

Reform of the common European asylum system and resettlement

"The Council will take stock of work carried out so far on the reform of the common European asylum system (CEAS). A progress report on all legislative proposals will be presented by the presidency."

See: Reforming the 'Common European Asylum System' and the resettlement system: progress report

Migration

"Over lunch, home affairs ministers are expected to discuss the issue of resettlement. Ministers will be informed by the Commission on its recent recommendation and on how it proposes to coordinate all existing initiatives in this specific area. Ministers are invited to discuss the role resettlement could take in the overall migration management and asylum policies of the EU."

See the link above for information on the proposal for an EU resettlement programme.

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