High-Level Fora on Justice for Growth and on the Future of EU Criminal Justice

Promoting competitiveness, including through a 28th regime, and achieving further simplification.

The topic was presented by Commissioner McGrath and the participants had the opportunity to share initial remarks on the topic.

Modernisation of existing legal acts in civil and commercial matters, such as the Brussels Ia and Rome II Regulations. 

The discussion focused on the planned revision of the legal acts.  

The need for EU action on third-party litigation funding. 

The discussion focused on whether there is a need to regulate beyond what has already been stipulated in the Representative Actions Directive.

Agenda

Discussion papers

Press release

Commissioner McGrath's opening speech

Digitalisation of national justice systems. 

The discussion focused on mainly non-legislative initiatives that could support MS in digitalising their justice systems, including mapping the state of play, exchanging best practices, sharing AI and other IT tools in a common Toolbox and improving access to judicial data.

Digitalisation of cross-border judicial cooperation. 

The discussion focused on the use of videoconferencing for cross-border hearings and on further digitalisation of judicial proceedings in cross-border civil and commercial matters.

28^th regime on corporate law and related issues. 

The discussion focused on the problems that companies and other stakeholders face in the Single Market. The scope of the EU corporate legal framework under the 28^th regime, the use of digital measures to provide for simpler, faster procedures for the 28th regime companies and the possible legislative approaches were also discussed.

Possible revision of the Shareholder Rights Directive. 

The discussion focused on the most important issues that could contribute to growth and competitiveness, in particular with regard to the role of digitalisation, simplification and harmonisation in achieving potential efficiency gains and reducing administrative burden, as well as on the ways to simplify the exercise of shareholder rights.

Agenda

Discussion papers

Adaptation of private law to the needs of the digital economy: automated contracting and data-driven business models

Agenda

Discussion papers

28th regime - an EU corporate legal framework 

The discussion focused on issues that are relevant for designing an investor friendly EU corporate framework that would facilitate access to finance for 28th regime companies. In particular, the applicable capital regime, including minimum capital requirement and par value principle, were discussed. The participants also exchanged views on transfer of shares and access to financial markets.

Discussion paper

Report of the High-Level Forum on Justice for Growth

Agenda

Report

Substantive criminal law

Discussions focused on the possible need to update the existing EU acquis in substantive criminal law, either by updating existing instruments (e.g. 2008 Framework Decision on organised crime) or by adopting new initiatives under Article 83(1) and (2) TFEU.

Procedural criminal law: procedural safeguards in criminal proceedings

Discussions focused on possible future action to strengthen  procedural safeguards for suspects and accused persons in criminal proceedings, and fill existing gaps in legislation. Issues such as binding safeguards for vulnerable adults, rules on detention conditions and pre-trial detention, the protection of the legal professional privilege, as well as on cross-border admissibility of evidence and related defence rights were discussed. The aim of the dialogue was to ensure that EU law continues to provide robust protections for individuals while balancing the demands of law enforcement.

Discussions on judicial cooperation and mutual recognition were postponed to the second plenary, due to time constraints.

Agenda

Discussion papers

Press release

Commissioner McGrath's opening speech

Procedural criminal law: judicial cooperation and mutual recognition in criminal matters

Discussions focused on the future of mutual recognition and judicial cooperation instruments. In particular, any needs for amendments and clarifications of the European Investigation Order, the European Arrest Warrant and the other pre-Lisbon Framework Decisions, as well as Joint Investigation Teams were assessed. Moreover, the need for rules on the use of videoconferencing for remote participation of suspects and accused persons in criminal court hearings and to prevent/regulate conflicts of jurisdiction were examined.

Digitalisation of criminal justice

Discussion focused on the way forward in the digitalisation of criminal justice. In particular, key issues under consideration related to:

- possible non-legislative actions to support Member States in the digitalisation of national justice systems, including mapping the state of play, exchanging best practices, sharing AI and other IT tools in a common Toolbox and improving access to judicial data;

- Cross-border hearings via videoconference, especially on the need for technical standards for the procurement and use of videoconferencing;

- a possible initiative for cross-checking judicial information;

- reflection on the use and challenges of AI in criminal investigations and proceedings.

EU agencies and bodies

Discussions focused on the future of Eurojust, Europol and the EPPO and the importance to ensure effective cooperation among these actors. Participants shared their views on the possible changes to the respective founding Regulations of the EU agencies and bodies concerned as well as on the possible extension of the EPPO’s competence. 

Agenda

Discussion papers

EU Anti-Fraud Architecture

The discussion explored the future shape of the EU’s anti-fraud architecture (AFA) in view of its upcoming review and the need for coherent revisions of the founding instruments of its main actors. Participants examined, amongst others, coordination challenges, the importance of avoiding duplication of functions and developing better operational synergies among the main AFA actors, training needs, and the use of new technologies.

Pre-trial detention and detention conditions
The discussion was focused on whether and how the EU could act to improve detention standards. It addressed questions about the need for minimum rules across the EU, and the extent of Member States’ responsibilities in this field. Participants also considered the gap between legal standards and their practical implementation, the relevance of data collection, and possible avenues for cooperation, including on alternatives to detention.

Enhancement of ex-third pillar instruments
The discussions examined whether updates or clarifications might be required to improve efficiency, consistency, and legal certainty of the pre-Lisbon Framework Decision on mutual recognition in criminal matters, covering financial penalties, conflicts of jurisdiction, the European Arrest Warrant, and detention-related Framework Decisions. Participants noted the importance of examining the results of the ongoing Lisbonisation Study. 

Draft Report of the High-Level Forum 
Participants examined and discussed a first draft of the final report of the High-level Forum. 

Agenda

Discussion papers

Annex white paper AFA review 

Report of the High-Level Forum on the Future of EU Criminal Justice

Discussions of the fourth plenary were dedicated to concluding the work of the High-Level Forum and adopting the final report, as revised and agreed following written consultations of participants. 

Representatives from all stakeholder groups delivered concluding statements.

Agenda

Report