Main results

Highlights of the Justice and Home Affairs Council on 3 and 4 December in Brussels.

Justice, 3 December 2015

General Court

The Council adopted a regulation reforming the General Court. The aim of the reform is to enable the General Court to face an increasing workload and to ensure that legal redress in the EU is guaranteed within a reasonable time.

I could see that a majority of member states want to find solutions at EU level. We had a frank and open exchange of views with the Commission. Félix Braz, Luxembourg Minister of Justice, President of the Council

Data retention

The Council had a general discussion on the consequences of the invalidation of the Data Retention Directive by the European Court of Justice in April 2014.

All member states considered that retaining bulk electronic communication data in a generalized manner is still allowed. A majority of delegations also considered that an EU-wide approach has to be considered in order to put an end to the fragmentation of the legal framework on data retention across the EU, and invited the Commission to present a new legislative initiative whenever possible.

Matrimonial and registered partnerships

The Council was not able to reach a political agreement by unanimity on regulations on jurisdiction, applicable law and the recognition and enforcement of decisions regarding matrimonial regimes and the property consequences of registered partnerships.

Following the debate, the Presidency stated that an EU-wide agreement in relation to both regulations could not be reached within a reasonable period of time. Many delegations expressed their readiness to give positive consideration to the establishment of enhanced cooperation on the issues covered by the regulations.

Home Affairs, 4 December

The compromise agreed today will enable the EU to set up an effective PNR system which fully respects fundamental rights and freedoms.” Etienne Schneider, Luxembourg Deputy Prime Minister, Minister of Internal Security and President of the Council.

EU PNR

The Council approved the compromise text agreed with the European Parliament on the proposal for a directive on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime.

Counter-terrorism

Ministers underlined the importance of accelerating the implementation of all areas covered by the statement on counter-terrorism issued by Members of the European Council on 12 February 2015, in particular on the following measures: EU Passenger Name Record (PNR) directive, firearms, controls of external borders, information sharing, terrorist financing, criminal justice response to terrorism, prevention of radicalization and safeguarding the EU's values as well as cooperating with our international partners.

Migration

Ministers held a broad discussion on the progress made in implementing the most recent EU measures regarding migration and on the actions needed to strengthen the Schengen area.

Jean Asselborn, Luxembourg Minister of Immigration and Asylum and President of the Council said: "I attach a great deal of importance to Schengen. We must protect the Schengen "acquis" for all its member. Today everyone expressed a strong wish to ensure that free movement within Schengen is preserved. But Schengen will only work if the rules are respected"