The European Parliament adopted a legislative resolution approving the Council position at first reading in a view to the adoption of a regulation of the European Parliament and of the Council establishing the Justice Programme and repealing Regulation (EU) No 1382/2013.

The proposed regulation establishes the Justice programme for the duration of the multiannual financial framework (MFF) 2021-2027.

Within the general objective, the Programme should have the following specific objectives:

- to facilitate and support judicial cooperation in civil and criminal matters, and to promote the rule of law and the independence and impartiality of the judiciary;

- to support and promote judicial training, with a view to fostering a common legal and judicial culture as well as a culture based on the rule of law;

- to facilitate effective and non-discriminatory access to justice for all, and effective remedy, including by electronic means (e-justice), as well as the procedural rights of suspects and accused persons in criminal proceedings.

In the implementation of all its actions, the programme should seek to promote gender equality, the rights of the child, including through child-friendly justice, the protection of victims and the effective application of the principle of equal rights and the prohibition of discrimination on any of the grounds listed in Article 21 of the Charter of Fundamental Rights of the European Union

Budget

The financial envelope for the implementation of the Programme for the period from 1 January 2021 to 31 December 2027 shall be EUR 305 000 000 in current prices. The amount may be used for technical and administrative assistance for the implementation of the Programme, such as preparatory, monitoring, control, audit and evaluation activities, including corporate information technology systems.

The regulation lays down the forms of EU funding, the rules for granting such funding, and the system of governance of the programme.

The European Parliament adopted by 490 votes to 120, with 43 abstentions, a legislative resolution on the proposal for a Regulation of the European Parliament and of the Council establishing the Justice Programme.

Objectives

Members specified that the general objective of the 2021-2027 ‘Justice’ Programme shall be to contribute to the further development of a European area of freedom, security and justice based on the rule of law, including the independence of judges and impartiality of justice, on mutual recognition, mutual trust and cross border cooperation, thereby also contributing to the development of democracy, rule of law and fundamental rights.

The Programme has the general objective of contributing to the further development of a European area of justice based on the rule of law, including independence and impartiality of the judiciary, on mutual recognition, mutual trust and judicial cooperation, thereby also strengthening democracy rule of law and fundamental rights.

It seeks in particular to:

- facilitate and support judicial cooperation in civil and criminal matters, and to promote the rule of law, independence and impartiality of the judiciary, including by supporting the efforts to improve the effectiveness of national justice systems, and the effective enforcement of decisions;

- support and promote judicial training, with a view to fostering a common legal, judicial and rule of law culture, as well as the consistent and effective implementation of the Union’s legal instruments relevant in the context of this programme;

- facilitate effective and non-discriminatory access to justice for all, and effective redress, including by electronic means (e-justice), by promoting efficient civil, and criminal procedures, and by promoting and supporting the rights of all victims of crime as well as the procedural rights of suspects and accused persons in criminal proceedings.

Integration

In the implementation of all its actions, the programme shall seek to support and promote, as a horizontal objective, the protection of equal rights and the principle of non-discrimination enshrined in Article 21 of the Charter of Fundamental Rights of the European Union.

Budget

Parliament has proposed that the financial envelope for the implementation of the programme for the period 2021-2027 should be EUR 316 million at 2018 prices (EUR 356 million in current prices).

The budget allocated for actions linked to the promotion of gender equality shall be indicated annually.

The programme shall support the European Judicial Training Network’s expenditure associated with its permanent work programme and any operating grant to that effect shall be awarded without a call for proposals in accordance with the Financial Regulation.

Parliament has requested that the programme be implemented by work programmes adopted by the Commission by means of a delegated act.

In its legislative resolution, Parliament reiterated its support for the programmes that have been implemented in the areas of culture, education, media, youth, sport, democracy, citizenship and civil society that have clearly demonstrated their European added value and enjoy lasting popularity among beneficiaries. It also reiterated that a stronger and a more ambitious Union can only be achieved if it is provided with reinforced financial means.

The European Parliament adopted by 480 votes to 148, with 36 abstentions, amendments to the proposal for a Regulation of the European Parliament and of the Council establishing the Justice Programme.

The matter was referred back to the committees responsible for interinstitutional negotiations.

The main amendments adopted in plenary concern the following issues:

Objectives of the programme

Members specified that the general objective of the programme shall be to contribute to the further development of a European area of freedom, security and justice based on the rule of law, including the independence of judges and impartiality of justice, on mutual recognition, mutual trust and cross border cooperation, thereby also contributing to the development of democracy, rule of law and fundamental rights.

In particular, the programme seeks to:

- facilitate and support judicial cooperation in civil and criminal matters, including cooperation beyond Union borders whenever Union law has extraterritorial applications, to strengthen access to justice for natural and legal persons and to promote the rule of law and the independence of the judiciary, including by supporting the efforts to improve the effectiveness of national justice systems, the adequate enforcement of judicial decisions and the protection of victims;

- support and promote national and transnational judicial training, including legal terminology training, with a view to fostering a common legal, judicial and rule of law culture, as well as the consistent and effective implementation of the Union’s legal instruments on mutual recognition and procedural safeguards. Such training shall be gender sensitive, take into account the specific needs of children and persons with disabilities and be victim-oriented;

- facilitate effective and non-discriminatory access to justice for all by supporting the rights of all victims of crime and the procedural rights of suspects and prosecutors in criminal proceedings, with particular attention to children and women;

- promote the practical application of drug-related research, to support civil society organisations, to expand the knowledge base in the field, and develop innovative methods of addressing the phenomena of new psychoactive substances and trafficking in human beings and goods.

In the implementation of all its actions, the programme shall seek to support and promote, as a horizontal objective, the protection of equal rights and the principle of non-discrimination enshrined in Article 21 of the Charter of Fundamental Rights of the European Union.

Budget

Members proposed that the financial envelope for the implementation of the programme for the period 2021-2027 shall be EUR 316 million at 2018 prices (EUR 356 million in current prices, compared to EUR 305 million proposed by the Commission).

The budget allocated for actions linked to the promotion of gender equality shall be indicated annually.

The programme may allocate funds in one of the forms provided for in the Financial Regulation, mainly in the form of action grants, as well as annual and multiannual operating grants.

Evaluation and monitoring

The monitoring shall also provide a means of assessing the way in which gender equality and non-discrimination have been addressed across the programme's actions. All evaluations shall be gender sensitive and include a detailed analysis of the programme budget dedicated to gender equality-related activities.

The Committee on Legal Affairs and the Committee on Civil Liberties, Justice and Home Affairs adopted the report presented jointly by Heidi HAUTALA (Greens/EFA, FI) and Josef WEIDENHOLZER (S&D, AT) on the proposal for a Regulation of the European Parliament and of the Council establishing the Justice Programme.

The parliamentary committees recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal as follows:

Objectives of the programme

Members specified that the general objective of the programme shall be to contribute to the further development of a European area of freedom, security and justice based on the rule of law, including the independence of judges and impartiality of justice, on mutual recognition, mutual trust and cross border cooperation, thereby also contributing to the development of democracy, rule of law and fundamental rights.

In the implementation of all its actions, the programme shall seek to support and promote, as a horizontal objective, the protection of equal rights and the principle of non-discrimination enshrined in Article 21 of the Charter of Fundamental Rights of the European Union.

Budget

Members proposed that the financial envelope for the implementation of the programme for the period 2021-2027 shall be EUR 316 million at 2018 prices (EUR 356 million in current prices, compared to EUR 305 million proposed by the Commission).

The budget allocated for actions linked to the promotion of gender equality shall be indicated annually.

The programme may allocate funds in one of the forms provided for in the Financial Regulation, mainly in the form of action grants, as well as annual and multiannual operating grants.

Value support mechanism

In exceptional cases, where compliance with the Union's values enshrined in Article 2 of the EU Treaty is seriously deteriorating in a Member State, the Commission may open a call for tender in the form of a fast-track procedure for grant applications to civil society organisations, with a view to facilitating democratic dialogue in the Member State in question and addressing the problem of non-compliance with these values. The Commission should allocate up to 5% of the budget to this mechanism.

The activation of the mechanism shall be based on a comprehensive, regular and evidence-based monitoring and evaluation of the situation in all Member States as regards democracy, rule of law and fundamental rights.

Civil dialogue

The Commission shall set up a civil dialogue group to ensure a regular, open and transparent dialogue with the beneficiaries of the programme and other relevant stakeholders in order to exchange experiences and good practices and to discuss the implementation of the programme's priorities, the dissemination of results and policy developments in the fields and objectives of the programme.

PURPOSE: to establish the justice programme for the period 2021-2027.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: the Union is a community of law , and its values constitute the very basis of its existence. These values are enshrined in the EU Treaties, the EU Charter of Fundamental Rights and the UN Convention on the Rights of Persons with Disabilities.

To promote common European values and rights, the EU has combined several instruments in a policy mix of legislation, policies and funding. In particular, the following funding programmes have showed a strong societal focus and are clearly related to European values: the rights, equality and citizenship programme, the Europe for citizens programme , and the justice programme .

These programmes have led to real progress in promoting values and implementing the rights that EU legislation grant to people across the Union. However, the fragmented nature and limited resources of current EU funding programmes limits the EU’s capacity to respond to existing and new challenges.

At a time where European societies are confronted with extremism, radicalism and divisions, it is more important than ever to promote, strengthen and defend justice, rights and EU values which are human rights, respect for human dignity, freedom, democracy, equality, the rule of law.

That is why the Commission proposes to create a new justice, rights and values fund , including the rights and values and justice programmes within the EU budget.

CONTENT: the proposed Regulation - presented for a Union of 27 Member States – seeks to establish the justice programme . It lays down the objectives of the programme, the budget for the period 2021- 2027, the forms of Union funding and the rules for providing such funding.

This new programme, together with the rights and values programme, will be part of a new justice, rights and values fund of the EU budget that will help to sustain open, democratic, pluralist and inclusive societies.

The programme has the general objective of contributing to the further development of a European area of justice based on the rule of law, on mutual recognition and mutual trust between justice professionals in cross-border proceedings.

The programme has three specific objectives:

to facilitate and support judicial cooperation in civil and criminal matters , and to promote the rule of law including by supporting the efforts to improve the effectiveness of national justice systems and the enforcement of decision; to support and promote judicial training , with a view to fostering a common legal, judicial and rule of law culture; to facilitate effective access to justice for all and effective redress, including by electronic means, by promoting efficient civil and criminal procedures and by promoting and supporting the rights of victims of crime as well as the procedural rights of suspects and accused persons in criminal proceedings.

In concrete terms, the programme seeks to enhance the effectiveness of legislation by increasing knowledge, awareness and capacity of citizens, professionals and stakeholders, through supporting:

information and public awareness raising , including support for national and European campaigns to inform people of their rights, as guaranteed under Union law, and how to enforce them in practice;

training and capacity building for legal professionals in order to equip them with the tools to effectively put Union rights and policies into practice;

cooperation at transnational level and developing mutual trust, through strengthening networks , i.e. Union-wide organisations to assist with the preparation of future initiatives in this area, as well as to promote their consistent implementation across Europe and cross-border cooperation on enforcement, for example establishing missing child alert systems, coordination of operational and cross-border anti-drug cooperation.

The Commission shall ensure the European added value of all actions and activities carried out under the programme, their complementarity with Member States' activities and their compatibility with other Union activities. It shall set establish annually the funding priorities in the respective policy areas. Participation is open to all legal entities legally established in a Member State or in a participating non EU country, with no further restrictions on access to the programme.

Proposed budget : the programme shall have an overall budget of EUR 305 million for the period 2021-2027 .