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Federal Ministry of Justice

Sharing Experiences of the German EU Presidency

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18-Month-Presidency Programme - example „e-justice“ German Presidency

kick off: Informal JHA meeting Dresden, January 2007

Conference „Work on e-justice“ Bremen, May 2007

Portugese Presidency: First steps towards creating a prototype e-justice portal

Slowenian Presidency: Follow up with high priority

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Strengthening citizens‘ rights

Increasing legal certainty for citizens and the business sector

Strengthening the justice system and practical cooperation

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Strengthening citizens‘ rights

EU-wide criminal law protection against racism and xenophobia

Launch of the EU Agency for Fundamental Rights

Strategy for better protection against violent videos and games in Europe

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EU-wide criminal law protection against racism and xenophobia

Striking a balance between freedom of expression and fight against racism and xenophobia

EU-wide minimum harmonisation on criminal liability

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EU Agency for Fundamental Rights

Agency in Vienna took up its work on 1 March 2007

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Strategy for better protection against violent videos and games in Europe

Comprehensive report on state of the law and legal practices in Member States

Continuous exchange of information between Member States

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Minimum standards in criminal proceedings

Proposal for a Framework Decision on national minimum standards for certain procedural rights (e.g. right to defense counsel and interpreter)

Supported by a majority of 21 Member States

Work on minimum standards should be continued

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Increasing legal certainty for citizens and the business sector

ROME I + II Regulation

Maintenance Regulation + ROME III

Small claims Regulation

Consumer Credit Directive

Directive on shareholders‘ rights

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ROME I Regulation

Governs which law is applicable to contractual obligations

Retains principle of free choice of law

Checklist to determine the applicable law where no choice has been made

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Guidelines for closer cooperation in the field of family law

ROME III Regulation: choice of the court with jurisdiction and

(to a limited degree) the law applicable in case of divorce

Council deliberated guidelines

Maintenance Regulation: maintenance decisions are to be enforceable in all

Member States without any type of additional procedure

Council agreed on basic guidelines

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Consumer Credit Directive

Council agreed on Directive

More transparency

Major improvement of consumers´rights

Council position in EP

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Enforcement of cross-border small claims

Council adopted Small Claims Regulation in June

Simplifies cross-border enforcement of claims with a value of up to 2000 €

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More rights for shareholders at general meetings held abroad

Directive adopted by Council in June

Member States must provide listed companies with the opportunity to open their general meetings for online participation

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Protection of intellectual property in Europe

Conference “A Europe of Innovation – Fit for the Future?” Berlin, May 2007

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More coherence in civil law

Common frame of reference for European contract law „optional instrument“ or „European contract law toolbox“

International conference on European contract law in Stuttgart, March 2007

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Strengthening the justice system and practical cooperation

Improved cooperation in the transfer of foreign offenders

EU-wide obligation to record and share information on criminal convictions

Simplified cross-border supervision of conditions and sentences of probation

Adoption of a European concept for further action in the field of e-justice

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Improved cooperation in the transfer of foreign offenders

Agreement on Framework Decision in June

Transfer of sentenced persons without their consent

Transfer is primarily intended to facilitate the social rehabilitation of offenders

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Eu-wide recording and sharing of information on criminal convictions

EU-wide networking of Member States‘ criminal records

Agreement on an Framework Decision in June Member States have to inform as soon as

possible the home states of EU foreign nationals convicted in criminal proceedings

Home state is required to retain in its criminal record the information it receives

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Cross-border supervision in probation cases

Agreement on key elements of a Framework Decision in June

Currently there are no means to monitor probation measures abroad

Prison sentences are imposed solely to prevent impunity in cases where a convicted person returns to another country

Conditions of probation are to be subjecet to EU-wide supervision

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European concept for further action in the field of e-justice

Modern information and communication technology makes justice system more efficient

German Presidency placed high priority on „e-justice“

Council succeeded in specifying key priorities for further action

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Bundesministerium der Justiz

Federal Ministry of Justice