COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to Article 294(6) of the Treaty on the Functioning of the European Union concerning the position of the Council on the adoption of a Regulation of the European Parliament and of the Council establishing the Justice programme (2021 to 2027) and repealing Regulation (EU) No 1382/2013
Date: 2021-04-23
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: EU programme, access to the courts, fundamental rights, human rights, judicial cooperation in civil matters in the EU, judicial cooperation in criminal matters in the EU, legal system, rule of law

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   EUROPEAN COMMISSION  Brussels, 23.4.2021  COM(2021) 214 final 2018/0208 (COD)  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT  pursuant to Article 294(6) of the Treaty on the Functioning of the European Union  concerning the position of the Council on the adoption of a Regulation of the European Parliament and of the Council establishing the Justice programme (2021 to 2027) and repealing Regulation (EU) No 1382/2013  
 
2018/0208 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to Article 294(6) of the Treaty on the Functioning of the European Union 

concerning the 

position of the Council on the adoption of a Regulation of the European Parliament and 
of the Council establishing the Justice programme (2021 to 2027) and repealing 
Regulation (EU) No 1382/2013 

1. 

BACKGROUND 

Transmission of the proposal to the European Parliament and to the 
Council (document COM(2018)0384) 

30 May 2018 

The Committee of the Regions was consulted and decided not to issue an 
opinion 

/ 

The  European  Economic  and  Social  Committee  adopted  its  Opinion  on 
the proposal 

18 October 2018 

The Committee of Permanent Representatives adopted a partial mandate 
for negotiations  

19 December 2018 

Trilogues 

The Committee of Permanent Representatives confirmed the common 
understanding reached with the European Parliament at the second 
trilogue 

20 February 2019 

5 March 2019 

13 March 2019. 

The European Parliament confirmed the common understanding, through 
the adoption of its legislative resolution (first reading). 

17 April 2019 

Council agreement on a general approach 

Trilogues 

JURI and LIBE committees sent a letter to the Chair of the Committee of 
Permanent Representatives (Part 2) confirming the European Parliament's 
agreement on the outcome of inter-institutional negotiations  

2 December 2020 

11 December 2020 

18 December 2020 

5 February 2021 

The  Committee  of  Permanent  Representatives  reached  a  political 
agreement on the compromise text   

17 February 2021 

Adoption of the Council first reading position 

19 April 2021 

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2. 

OBJECTIVE OF THE PROPOSAL FROM THE COMMISSION 

The  Justice  programme  is  one  of  the  funding  instruments  under  the  2021-2027  multiannual 
financial  framework.  A  working  European  area  of  Justice  and  effective  national  justice 
systems are necessary for a flourishing internal market and for upholding the common values 
of  the  EU.  Promoting  EU  values  also  means  protecting  them  and  ensuring  an  environment 
respectful of the rule of  law and the independence of the judiciary, with  mutual  recognition 
and mutual trust among Member States. The Justice programme will contribute to the further 
development of a European area of justice based on the rule of law, on mutual recognition and 
mutual trust. It will facilitate and support judicial cooperation in civil and criminal matters, it 
will support and promote judicial training, with a view to fostering a common legal, judicial 
and  rule  of  law  culture  and  it  will  facilitate  effective  access  to  justice  for  all  and  effective 
redress. The Commission proposed an overall budget of EUR 305 000 000 in current prices. 

The  programme  will  support  activities  by  public  authorities,  academia/research  institutes, 
training  bodies,  and  Civil  Society  Organisations  that  contribute  to  the  development  of  a 
European  area  of  Justice.  It  will  fund  activities  improving  mutual  trust,  and  cooperation 
(including by means of information and communication technology). It will fund training of 
the  judiciary  and  judicial  staff  to  improve  their  knowledge  of  EU  law,  judicial  cooperation 
instruments,  the  relevant  case-law  of  the  EU  Court  of  Justice  and  of  comparative  law 
(including  through  supporting  the  annual  work  programme  of  European  Judicial  Training 
Network).  The  programme  will  also  support  relevant  civil  society  organisations  and  non-
profits that ensure adequate access to their services, counselling and support activities to all 
citizens. 

3. 

COMMENTS ON THE POSITION OF THE COUNCIL 

The  Council's  position  reflects  the  agreement  reached  in  the  trilogues.  The  most  important 
changes introduced compared to the Commission’s proposal include:  

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Beneficiaries: 
organisations (CSOs) as potential beneficiaries and increased role of CSOs; 

legal  professionals  working  with  civil  society 

inclusion  of 

Earmarking  of  funds:  introduction  of  an  earmarking  of  the  funds  by  specific 
objectives  as  well  as  a  flexibility  margin;  this  limited  earmarking,  even  if  not 
envisaged  in  the  original  Commission  proposal,  builts  on  a  similar  allocation  of 
funds provided for in the Regulation which establishes the Justice Programme 2014-
2020; 

Gender  equality  perspective:  introdution  of  an  article  on  gender  and  non 
discrimination  mainstreaming,  reinforced  recital,  sex-disaggregated  data  in  the 
indicators and gender equality perspective in the mid-term and final evaluations; 

Reporting: additional language inserted; 

Activities to be funded: further specification; split of one of the proposed activity to 
have  a  self-standing  activity  on  civil  society  organisations;  the  proposed  “National 
contact point” was replaced by forums of discussions for stakeholders; 

Comitology:  examination procedure  instead of advisory procedure;  the examination 
procedure, even if not  envisaged in  the original Commission proposal,  was the one 
used in the Regulation which establishes the Justice Programme 2014-2020. 

The  Commission  considers  that  the  agreement  reached  preserves  the  objectives  of  the 
Commission’s original proposal.  

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4. 

CONCLUSION 

The Commission accepts the position taken by the Council. 

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