Justice and Home Affairs Council, 11-12/10/2018 - Main results - Main contents
11 October 2018
10:35 Public session
16:45 Press conference
12 October 2018
15:00 Public session
18:30 Press conference
Justice (Thursday 11 October)
Directive on insolvency, restructuring and second chance
The Council adopted its position on the directive on insolvency, restructuring and second chance.
The directive aims at providing access by viable enterprises in financial difficulties to preventive restructuring frameworks to enable them to restructure at an early stage, and so prevent insolvency. It also gives reputable bankrupt entrepreneurs a second chance, and introduces measures to increase the efficiency of restructuring, insolvency and discharge procedures.
Ministers discussed the regulation on European production and preservation orders.
At the end of the debate, the presidency noted a willingness of many member states to find a compromise around the inclusion of some sort of notification procedure. Work will continue at expert level looking in particular at the sensitivity of the different categories of data and how they should be treated when envisaging a possible notification procedure. Experts will also discuss on which member state would be the most relevant one to receive such notification.
The presidency also took note of the commitment of the Commission to present as soon as possible negotiation mandates for the conclusions of an executive agreement under the US CLOUD Act and for the ongoing discussion on a second protocol to the Budapest convention on cybercrime.
The e-evidence package is of outmost importance. Criminals use more and more electronic means of communication and we must have the tools to quickly collect and use those evidences before they are moved or deleted. Based on the discussion today, we will continue the work with the objective of agreeing our position in December.
Josef Moser, Minister of Justice of Austria Conclusions on the application of the Charter of Fundamental rights in 2017
Ministers debated the conclusions. Noting the absence of consensus following opposition of one delegation, the presidency decided to publish presidency conclusions to take stock of the current debate. The presidency conclusions are based on the version of the draft Council conclusions presented today to ministers.
Home affairs (Friday 12 October)
Home affairs ministers are expected to discuss the Commission proposal on the European Border and Coast Guard (EBCG) Agency. This proposal covers several aspects, including:
the role of the agency in the field of return
cooperation with third countries
support to member states in border management
more staff and equipment to reinforce the agency
The reform of the return directive is also on the agenda. Minister are expected to discuss the Commission's proposal aimed at improving the return rate of individuals without the right to stay in the EU. Proposed changes include:
accelerated border procedures
clearer and faster procedures for issuing return decisions and for appeals
clear rules on detention
Ministers will discuss the Commission's sectoral proposals for the EU's next long-term budget (MFF) related to home affairs. They are expected to focus on the implementation of the external aspects of the EU's migration policy in these proposals, following the European Council conclusions of 28 June 2018.