Criminal Agenda - Justice 2009

The judicial cooperation in criminal matters

During its Presidency the Czech Republic will aim at further facilitation and effectiveness of cooperation in criminal matters, the emphasis will be put namely on the practical contribution of steps taken in the field of the cooperation in criminal matters within EU. The Czech Presidency will focus on negotiation of the agenda which will strengthen the security and justice in the European Union.

The main objectives of judicial cooperation in criminal matters are currently determined in The Hague Programme from 2004, which is further specified in the Action Plan on the Hague Programme: Strengthening Freedom, Security and Justice in the European Union. The Czech Republic is ready to continue in accomplishing the objectives of The Hague programme. Moreover, during the Czech Presidency the discussions on the oncoming multi-annual programme, which will determine the further development of criminal cooperation among the Member States of the EU, will culminate.

The agendas of the Ministry of Justice of the Czech Republic fall within the Justice and Home Affairs Council (JHA Council). The Ministry of Justice is responsible for issues concerning judicial cooperation; the issues of home affairs are dealt by the Ministry of Interior. The JHA Council will be held four times during the Czech Presidency: an informal meeting of ministers of justice and ministers of home affairs will take place in January 2009; further the formal JHA Council meetings are scheduled for February, April and June 2009. The JHA Council meetings for judicial matters will be chaired by Jiří Pospíšil, Minister of Justice of the Czech Republic.

The Ministry of Justice is further responsible for chairing of the Working group on Substantive Criminal Law (DROIPEN), the Working Group on Cooperation in Criminal Matters (COPEN) and the Committee for Article 36 TEU (CATS) which represents in the field of criminal justice the platform for discussions on higher political level regarding the agendas discussed in the abovementioned working groups as well as another crucial questions of criminal justice.

The Czech Republic will introduce in January 2009 its own initiative on prevention and settlement of conflicts of jurisdiction in criminal proceedings. The Czech Republic plans to submit a proposal of Council Framework Decision on prevention and settlement of conflicts of jurisdiction in criminal proceedings in view of problems which have been arising recently due to the increased movement of persons and capital within the EU, the progress in technology and the extended scope of the national jurisdictions of the Member States. The abovementioned facts often lead to situations where two or more States have jurisdiction for conducting criminal proceedings for the same facts. The proposal of Framework Decision on prevention and settlement of conflicts of jurisdiction aims to prevent such undesirable parallel proceedings through means of an early exchange of information. In the cases, where the conflict of jurisdiction has already arisen, the proposal puts forward guidelines for settlement of the respective conflict.

Moreover, the fourth round of mutual evaluation focused on practical application of European Arrest Warrant shall be concluded during the Czech Presidency. The Czech Republic is prepared to discuss the final evaluation report during the term of its Presidency.

In the area of substantive criminal law the Czech Presidency is willing to work on the final agreement on the amendment of the Ship-source Pollution Directive, which shall introduce criminal law provisions in order to establish an effective protection of seas against marine pollution which may have far reaching consequences to the marine environment. A trialogue between Presidency, European Parliament and Commission shall finalize during the Czech Presidency. The Czech Presidency will aim to reach an agreement with the European Parliament on the text of the amendment in the first reading.

Finally, in the area of substantive criminal law, the European Commission is planning to submit during the Czech Presidency a revision of the Council Framework Decision on combating the sexual exploitation of children and child pornography as well as amendment of the Council Framework Decision on combating trafficking in human beings. The Czech Republic is prepared to launch negotiations of both amendments, which shall be submitted to the Council in March 2009 and aim of which is to improve the level of protection against these serious types of criminality.