1 Federal Ministry of Justice Sharing Experiences of the German EU Presidency

2 18-Month-Presidency Programme - e xample „ 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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4  Strengthening citizens‘ rights  Increasing legal certainty for citizens and the business sector  Strengthening the justice system and practical cooperation

5 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

6 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

7 EU Agency for Fundamental Rights  Agency in Vienna took up its work on 1 March 2007

8 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

9 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

10 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

11 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

12 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

13 Consumer Credit Directive  Council agreed on Directive  More transparency  Major improvement of consumers´rights  Council position in EP

14 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 €

15 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

16 Protection of intellectual property in Europe  Conference “A Europe of Innovation – Fit for the Future?” Berlin, May 2007

17 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

18 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

19 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

20 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

21 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

22 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

23 Bundesministerium der Justiz Federal Ministry of Justice