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  • JHAJustice & Home Affairs (JHA)

The future development of the JHA area, data protection, terrorism and border security on the agenda of the informal JHA

The future development of the JHA area, international aspects of the Data Protection Regulation, as well as terrorism and border security are some of the topics that will be discussed during the Informal Meeting of the EU Ministers of Justice and Home Affairs (JHA) on January 23 and 24 in Athens. The Meeting will take place in Zappeion Megaron.

Justice and Home Affairs Ministers from across Europe, the European Commission’s Vice President and Commissioner for Justice, Viviane Reding, the European Commissioner for Home Affairs, Cecilia Malmström, Members of the European Parliament as well as participants from a number of EU agencies and International Organisations will be in attendance.

Minister of Justice, Transparency and Human Rights, Charalampos Athanasiou, will be chairing the meeting of the Ministers responsible for Justice on January 23.

The first topic on the agenda is the future development of the JHA area. EU Justice Ministers will exchange views on legislative and operational planning in the area of freedom, security and justice. The Greek Presidency aims to pursue efforts performed under the Lithuanian Presidency, in order to prepare a substantial contribution to the draft Strategic Guidelines that the European Council should discuss and adopt in June 2014.

Ministers will also have the opportunity to consider international aspects of the Data Protection Regulation, with special focus on the Implementation of Chapter 5 (Transfer of personal data to Third Countries or International Organisations). In today's globalised world, individuals' rights must continue to be ensured when personal data is transferred from the EU to Third Countries and International Organisations as well as when data subjects in the EU are affected and their data is processed by third country controllers regardless of the geographical location of a company or its processing facility.

Over the course of lunch, Ministers will discuss the cross-border operation of small claims. The general aim of the Regulation (EC) No 861/2007 establishing a European Small Claims Procedure was to improve access to justice by reducing costs and accelerating civil procedures with regard to small claims for both consumers and businesses. Ministers will be invited to discuss whether the current threshold of EUR 2,000 restricts the availability of the European Small Claims procedure unduly, excluding a large number of claims of low value. They will also explore the possibility of introducing modern technologies (electronic communication, videoconferencing etc.) to the European Small Claims Procedure, with a view to avoiding the need for parties to travel and to saving costs and time.

The Commission will present a legislative package strengthening procedural rights. The package includes a proposal for a Directive on the strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings, a proposal for a Directive on procedural safeguards for children suspected or accused in criminal proceedings and a proposal for a Directive on provisional legal aid for suspects or accused persons deprived of liberty and legal aid in European arrest warrant proceedings. These proposals promote the principle of equality of arms to provide all parties with the protection of a fair trial. Once adopted, the proposals will help to increase mutual trust in Member States' judicial systems and therefore ensure a smooth functioning of the European area of justice.

The next day (Friday, 24 January 2014), the Minister of Public Order and Citizen Protection, Nikos Dendias, will chair the meeting with the presence of the Minister of Interior, Giannis Michelakis, and the Minister of Shipping, Maritime Affairs and the Aegean, Miltiades Varvitsiotis.

The first item on the agenda is “Terrorism and Border Security”. The Ministers of Home Affairs will exchange views on the threats that specific forms of organized crime (such as trafficking of human beings, money laundering and smuggling of weapons) as well as illegal migration pose to Europe’s security. Safeguarding EU borders from threats against the security of the European citizens presents a huge challenge to national security authorities.

Bearing in mind that the issue of security of the maritime borders is a priority of cardinal importance for both Greece and the other Member States of the European Union, the Greek Presidency will introduce to the Ministers of the Member States for further discussion, a series of issues concerning the relationship between the phenomenon of terrorism and the security of borders, emphasizing the dimension that such relationship takes under the spectrum of the current instability in third countries in direct proximity to Europe and in particular the crisis in Syria. The considerations to be expressed by the counterpart Ministers of the European Union will be evaluated within the competent bodies with the aim of configuring a commonly agreed strategy for the European Union for the following period.

The second item on the agenda is “The future developments in the area of Home Affairs”. The Ministers of Home Affairs will discuss the necessity of implementing the existing European legal framework as well as of undertaking new initiatives (legislative or non legislative) that will respond to the contemporary challenges the EU and its Member States are facing. In this context, particular emphasis will be placed on future options concerning EU’s external border control and protection, the management of migration (both legal and illegal) and the European asylum policy, taking into consideration the respect of fundamental rights and safeguarding Member States’ economic development, as well as safety and social cohesion within the European territory.

During the Informal Home Affairs Ministers’ Meeting, the European Commissioner for Home Affairs Cecilia Malmström will deliver a presentation on “Preventing radicalization to terrorism and violent extremism – Strengthening the EU response”.

Concerning legal immigration of third countries citizens to the EU and their integration in European host societies, the Presidency identifies the following as challenges for the future:

- developing legal immigration policies that will respond to the specific needs of the Member States national labour markets and

- adopting policies for fostering social cohesion and combating racism and xenophobia.

In addition, the Presidency wishes to highlight two major challenges for the development of the future overall EU policy on migration and asylum:

- promoting and implementing the principle of solidarity among Member States and

- enhancing EU cooperation with third countries of origin and transit of migrants.