On Tuesday 26 January 2016, Luxembourg Minister of Justice, Félix Braz, was in Amsterdam to discuss the proposal of the European Commission regarding the extension of the European Criminal Records Information System (ECRIS) to third country nationals.
The informal Council of Justice Ministers, held under the Dutch Presidency, exchanged views on the state of ECRIS, which was established in April 2012 as a means of exchanging information on criminal convictions between Member States in order to prevent criminals from relocating to another Member States to escape their previous convictions and avoiding sentencing.
Minister Braz stated that it would be logical to use the potential of the current cooperation tool, but that this should not, however, interfere with fundamental rights.
The second item on the agenda concerned the fight against cybercrime which the Dutch Presidency has set as a priority in discussions as a continuation from those initiated by the Luxembourg Presidency. The protection of state rules of law in cyberspace has become significant in the continued functioning of societies and economies.
According to Félix Braz, political efforts for a coordinated implementation of the Budapest Convention and the European Investigation Order (EIO) are required, and that in the case of the latter information and training measures for judges and police officers in different Member States should be implemented.
In continued discussions of cybercrime, the ministers present also spoke of the development of alternative approaches to traditional mutual legal assistance, including cooperation between the investigating authority and private operators, including when operators are outside of Europe. In this context, Félix Braz defended that the use of alternative paths to mutual legal assistance should also comprise conventional safeguards, such as legality, proportionality and necessity, a boundary to certain types of data and and a guarantee of defense rights.
The Commission presented its proposals on contract law and provided information on the initiative it will soon be undertaking in the field of insolvency.
Ministers then examined possible strategies for the creation of a European area of forensic science. The Ministers exchanged views on the strategies needed for an intensified exchange of information and criminal and forensic evidence between the relevant authorities of Member States to fight effectively against the various forms of cross-border crime.
Photo by Luxembourg Ministry of Justice (L-R: Ard van der Steur, chairman of the JHA Council - Justice component; Félix Braz, Minister of Justice of Luxembourg)
