EU: Proceedings of the Justice and Home Affairs Council, 1993 - present

Date

25 May 2017

Topics

Secrecy and transparency

Institution

European Union (EU)

Region

Europe

This observatory lists the Agendas, “A” and “B” points, press releases, minutes/”outcomes” (known as outcome of proceedings or OP) and conclusions of the European Union’s Justice and Home Affairs Council meetings from 1993 (when it was created) to the present.

Under the Lisbon Treaty the Agendas of the Justice and Home Affairs Council meetings are divided into:

“A” Points agenda – legislative (adopted without discussion)
“A” Points agenda – non-legislative (adopted without discussion)
“B” Points agenda: discussed by Ministers: largely legislative measures but occasionally include a non-legislative issue.

All legislative measures are listed on the SEMDOC website including Decisions (which are often listed under “A” Points agenda – legislative).

Council conclusions: for a number of meeting we have also provided links to the conclusions adopted by the Council. These may be listed as “draft” conclusions when presented to Council meetings which, after adoption, become conclusions. Selected other reports agreed are also included. All were adopted as “A” Points” without debate.

Council conclusions are termed “soft law” as they are not legally binding on EU member states. However, they are statements used by the Council to signal political agreement on an issue and can enable (and legitimate) cooperation between two or more member states. This may involve changes in practice or law at national level, or the undertaking of joint operational action. As such they have been used by as few as three member states or by all. Conclusions also set out the direction of policies to be pursued when the European Commission issues a proposal.

The European and national parliaments have no say at all regarding the content of conclusions. Since 11 September 2001 they have played an increasingly significant policy-making function and are discussed at length in the Council’s various working parties. Council Resolutions have the same effect as conclusions.

3473rd Council meeting, Luxembourg, 9-10 June 2016

Conclusions

3465th Council meeting, Brussels, 20 May 2016

Amongst the others included on the “non-legislative” agenda was: Agreement between the United States of America and the European Union on the protection of personal information relating to the prevention, investigation, detection, and prosecution of criminal offenses (Full-text, pdf) – Draft Council Decision – Adoption (pdf) – Council Decision (pdf)

3461st Council meeting, Luxembourg, 21 April 2016

Conclusions: Asylum decision practices: The Council approved the following conclusions (pdf)

3455th Council meeting, Brussels, 10-11 March 2016

3450th Council meeting, Brussels, 25 February 2016

3433rd Council meeting, Justice and Home Affairs, Brussels, 3-4 December 2015

The agenda included the European Public Prosecutor’s Office, migration, e-evidence and data retention, the EU’s latest internal security strategy, Europol, the migration of students and researchers, the relocation of refugees and a common EU list of safe countries of origin.

All Member States think mass surveillance ‘is still allowed’. Majority want new EU proposal. Will the Council never learn? Justice and Home Affairs Council; 3 December: “Data retention: The Council had a general discussion on the consequences of the invalidation of the Data Retention Directive by the European Court of Justice in April 2014. All member states considered that retaining bulk electronic communication data in a generalized manner is still allowed. A majority of delegations also considered that an EU-wide approach has to be considered in order to put an end to the fragmentation of the legal framework on data retention across the EU, and invited the Commission to present a new legislative initiative whenever possible.”

The Council also “took note” of a progress report: Migration crisis: aspects of judicial cooperation and fight against xenophobia – progress report (pdf)

And discussed putting Schengen on hold for two years: Integrity of the Schengen area (14300/15, pdf)