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EU Justice Ministers progress Justice for Growth and Fundamental Rights

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.