Main results – Justice and Home Affairs Council, Justice, 8 March 2019

E-evidence

The Council agreed its position on the directive on the appointment of legal representatives for the purpose of gathering of evidence in criminal proceedings. This directive is part of a package aimed at improving cross-border access to e-evidence by creating a legal framework to enable judicial orders to be addressed directly to service providers operating in the EU.

The Council also debated the negotiating mandates for the Second additional protocol to the Budapest Convention and for an agreement between the EU and the US on facilitating access to e-evidence. These mandates are essential to complement the e-evidence legislative package in order to ensure a quick and effective access to e-evidence stored outside the EU. Ministers provided orientation and political directions to guide the work at technical level and subsequently to adopt the mandates during the Romanian Presidency.

"Our judicial and law enforcement authorities need effective and quicker access to e-evidence in criminal proceedings. We are acting on two fronts to make sure we deliver: within the EU by setting up new rules for orders to be addressed directly to service providers, and outside the EU by discussing with key players, in particular the US, agreements to make the exchange of e-evidence quicker and safer."

Tudorel Toader, Romanian Minister of Justice

Legislative files to be adopted in the coming weeks

The presidency informed the Council on legislative files for which political agreements have been reached and that will be finally adopted by the end of the current legislature. These include the directive on non cash fraud, the directive on the digital content and the directive on the sales of goods.

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The meeting of Mr. Tudorel TOADER, Minister of Justice, with Mr. Søren Pape POULSEN, Minister of Justice of the Kingdom of Denmark

In the context of Justice and Home Affairs (JHA) Council meeting, Justice session, Mr. Tudorel TOADER, Minister of Justice, had a meeting with the Danish Minister of Justice, Mr. Søren Pape POULSEN, on March 8th, 2019.

The Danish official apreciated the support showed by the Romanian Presidency of the Council of the European Union for the negociation and quick concluding of an Cooperation Agreement between the Kingdom of Denmark and Eurojust. This agreement is absolutely neccesary to be finished before December 12th, 2019, date from which the new Regulation regarding the European Union Agency for Cooperation in criminal justice matters (Eurojust) that will replace the Council Decision regarding Eurojust will come into force, taking into consideration the fact that the Kingdom of Denmark do not participate in this Regulation. The agreement will provide the framework for the Kingdom of Denmark to continue participation in Eurojust’s activities, beyond December 12th, 2019.

The Romanian Minister of Justice reiterated the support of Romania, as the Presidency of the Council of the European Union, for the conclusion of this agreement as soon as posible.

After prior discussions at a technical level, the Romanian Presidency obtained the approval of the Council, on March 12th, 2019, to start negociations for a cooperation agreement between Eurojust and the Kingdom of Denmark.

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The meeting of Mr. Tudorel TOADER, Minister of Justice, with Mr. János BÓKA, Secretary of State in the Ministry of Justice of Hungary

In the context of the formal meeting of justice and home affairs ministers from the EU member states, that took place in Brussels, March 7-8, 2019, Mr. Tudorel TOADER, Minister of Justice, had a meeting, on March 8th, with Mr. János BÓKA, Secretary of State in the Hungarian Ministry of Justice.

The two officials had a constructive exchange of views regarding the current state of bilateral relations in justice matters and the perspective of developing mutual cooperation within the EU, on issues of common interest..

The Romanian Minister of Justice proposed the resumption of the tradition existing before 2005: to organize periodically, in Romania and Hungary, alternatively, meetings of Romanian and Hungarian law specialists.

The meeting represented an opportunity to develop and strengthen the collaboration relations between the two states in justice matters.

The Minister of Justice was accompanied by a technical team from the Permanent Representation of Romania to the European Union.

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Participation of the minister of justice, Tudorel TOADER, at the Conference on „Criminal Justice in Cyberspace”

In the context of the Romanian Presidency of the Council of the EU, the Ministry of Justice, in collaboration with the Council of Europe (Cybercrime Programme Office of the Council of Europe in Bucharest) organised the Conference on „Criminal Justice in Cyberspace”, between February 26-27, 2019, in Bucharest.

The working sessions benefited from the participation of representatives and experts in cybercrime from the EU member states, from the european institutions, from the Eastern Partnership states, from the states that signed the Budapest Convention and from service providers.

While cyberthreats and their impact are increasing and touching upon core values of societies in Europe and worldwide, criminal justice authorities are faced with complex challenges.

At the same time, solutions are in place or are being developed. Examples are the e-evidence proposals at the European Union or the preparation of an additional Protocol to the Budapest Convention on Cybercrime at the Council of Europe.

Both organisations have been supporting capacity building on cybercrime worldwide.

In this context, in the opening speech, the minister of justice emphasized the following: „This conference purpose is to offer a dialogue framework for the experts from many different states, not only from the EU member states, and the experts in personal data protection and from the private sector regarding the ways through which the cyberspace will become a space of freedom and safety, where the law is respected.”

The priorities of the Romanian Presidency of the Council of the European Union include the advancement of the e-evidence legislative package, as well as ensuring the coordination of this process with the negotiations on the Second Additional Protocol to the Council of Europe Convention.

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The meeting of the Minister of Justice, Tudorel TOADER, with Mrs. Gabriella BATTAINI – DRAGONI, Deputy Secretary General of the Council of Europe

In the context of the Romanian Presidency of the Council of the European Union, the Ministry of Justice, in collaboration with the Council of Europe (Cybercrime Programme Office of the Council of Europe in Bucharest), organizes the Conference on „Criminal Justice in Cyberspace”

On February 26th, 2019, the Minister of Justice, Tudorel TOADER, had a meeting with Mrs. Gabriella BATTAINI – DRAGONI, Deputy Secretary General of the Council of Europe.

With this ocassion, the excelent cooperation between Romania and the Council of Europe, cooperation that has a lenght of over 15 years, was emphasized. The Deputy Secretary General thanked for the constant support and expertise provided by competent authorities in Romania in the technical assistance activities of the Council of Europe.

The neccesity to coordonate the negociation of the legislative package on obtaining electronic evidence, that take place at EU level under the Romanian Presidency of the Council of the European Union, with the negociation of the Second Additional Protocol to the Council of Europe Convention on Cybercrime was declared. The conclusion was that coherent and complementary solutions are needed, at the EU level and at the global level, for the benefit of all states.

The two officials discussed other topics of interest for the cooperation between Romania and the Council of Europe concerning: the prevention of corruption in the sport area, the necessity to protect vulnerable persons, the support of the Romanian Presidency of the Council of the EU regarding the Council of Europe conventions.

The Deputy Secretary General appreciated the cooperation and the organization of the event. The Minister of Justice reiterated the disponibility to identify the best solutions for the development of cooperation with the Council of Europe and to find the best formula for the european standards implementation.

The meeting represented a great opportunity for strengthening the mutual relations between the participants.

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