On the first day of a two day Justice and Home Affairs Council in
Luxembourg today (6 June), Justice Ministers made substantial progress on a
range of measures on the Justice for Growth agenda. Measures advanced at
today's Council meeting will lead to enhanced rights for individuals, the
protection of small businesses, a reduction in unnecessary red tape and
tackling fraud within the EU budget.
Justice for Growth is a term used to describe the many legal and regulatory
issues, falling within the justice sector, which can be used to boost
economic growth and encourage job creation. Leveraging the potential of
these measures is the top priority of Ireland's EU Presidency in the
Justice sector.
Ireland’s Minister for Justice, Equality and Defence, Alan Shatter, Chair
of the Justice and Home Affairs Council, said “Today's progress across a
whole range of Justice for Growth measures demonstrates the commitment and
success of Ireland's efforts in this area. Stability, jobs and growth is
the theme of the Irish Presidency and I am particularly pleased to have
been able to advance so many important measures which will deliver tangible
benefits for European businesses”.
Consumer protection
A significant breakthrough was made on the EU's proposed Data Protection
Regulation which will deliver much greater protection for Europeans doing
business and socialising online, guaranteeing them greater control over,
and protection of, their personal data.
Minister Shatter continued “The Irish Presidency has made exceptional
progress on this important but complex proposal. Today’s discussion at
Council showed that there is significant support for some of the key
aspects of this proposal. These include the question of ‘consent’, the
relationship between the right to protection of personal data and the
rights to freedom of expression and enhanced transparency standards to
facilitate more effective exercise of an individual’s rights.” The Irish
Presidency will strive to further advance this important measure in the
coming weeks.
Small businesses
Small businesses will be the main beneficiaries of two other Justice for
Growth measures significantly progressed at Council today. Ministers
reached agreement on key elements of a debt recovery measure which will
make it easier for businesses operating across EU borders to recover money
owing to them. Elements agreed today aim to strike the appropriate balance
between the interests of the creditor and those of the debtor, pivotal to
the operability of the measure.
Broad political guidelines were also agreed on Insolvency proposals.
Ministers confirmed that the Insolvency Regulations should include relevant
proceedings aimed at providing a "second chance" for viable businesses and
"honest" entrepreneurs in financial difficulties. They also confirmed
aspects of the proposed Regulation, concerning jurisdiction, which are
designed to prevent abusive forum shopping.
All businesses, and in particular small and medium sized enterprises, will
benefit from the reduction in red tape and regulatory obligations which
will result from elements of the data protection proposals advanced today
and new proposals presented by the Commission on the legalisation of
certain public documents. The introduction of a ‘risk-based’ approach to
the obligations of businesses handling personal data, in the Data
Protection Regulation, received substantial support from Ministers. This
will reduce onerous regulatory obligations on businesses for whom data
processing is not a core activity. The proposal on the legalisation of
documents aims to promote the free movement of citizens and businesses by
simplifying the acceptance of certain public documents in the European
Union.
Tackling fraud
The Irish Presidency achieved a notable success in agreeing a general
approach on a proposed Directive aimed at tackling fraud in the EU budget,
a budget worth €960 billion over the next seven years. The purpose of the
Directive is to define certain fraud and corruption criminal offences
against the financial interests of the Union and to define criminal
sanctions, including minimum sentences of imprisonment.
Fundamental rights
Another key priority of Ireland's Presidency in the Justice area is the
protection of fundamental rights. Ministers were briefed on the agreement
reached by EU negotiators recently in Strasbourg with the 47 Council of
Europe Member States on the draft accession agreement of the EU to the
European Convention on Human Rights.
Reacting to the agreement, Minister Shatter said “This is a very important
step forward towards the EU’s accession to the ECHR. Accession is a
commitment under the Lisbon Treaty and will further strengthen the
protection of human rights and fundamental freedoms in Europe by ensuring
that the EU is subject to the scrutiny of the Strasbourg Court in the same
way that national governments are. I am very pleased that Irish Presidency
negotiators have been able to contribute to achieving this goal.”
Also in the area of fundamental rights, Ministers debated the European
Commission’s report on the application of the Charter of Fundamental Rights
and requested the Commission to begin the process of public debate and
dialogue on how to strengthen the protection of fundamental rights and the
rule of law.