As part of the new 2021-2027 Multiannual Financial Framework (MFF), the Commission published on 30 May 2018 a proposal for a Regulation establishing a new Justice Programme. The proposal seeks to replace the current 2014-2020 Justice programme. The Commission intends to earmark EUR 305 million (in current prices) for implementing the new programme, which is less than the financial envelope for the current one that amounts to EUR 377,604 million.

At present, four funding programmes are grouped under the ‘values’ sub-cluster of the EU budget: the Rights, Equality and Citizenship Programme, the Justice Programme, the Creative Europe Programme and the Europe for Citizens Programme. The Commission proposes creating instead a new Justice, Rights and Values Fund that would comprise the Rights and Values Programme (bringing together the Rights, Equality and Citizenship Programme and the Europe for Citizens Programme) and the Justice Programme. Meanwhile, the Creative Europe Programme would still exist as a self-standing one.

The proposed Justice Programme has the general objective of contributing to the further development of a European area of justice based on the rule of law, mutual recognition and mutual trust, as well as the following specific objectives:

• facilitating and supporting judicial cooperation in civil and criminal matters and promoting the rule of law,
• supporting and promoting judicial training, with a view to fostering a common legal, judicial and rule of law culture, and
• facilitating effective access to justice for all and effective redress by promoting efficient civil and criminal procedures, as well as promoting and strenghtening the rights of victims of crime and the procedural rights of suspects and accused persons in criminal proceedings.

The activities through which these specific objectives may be pursued and the indicators to report on progress are set out in the two annexes to the proposal.

The Commission published a report on the interim evaluation of the implementation of the Justice Programme 2014-2020 on 29 June 2018. In its Communication from 13 June 2019, the Commission called on the June European Council to set out a roadmap for reaching an agreement on the future long-term budget in the autumn. On 27 May 2020 the Commission amended its MFF 2021-2027 proposal to better respond to the COVID-19 crisis, which was criticised by civil society organisations, as it proposes cuts to the Justice, Rights and Values Fund.

Within the European Parliament, the proposal was referred to the Committee on Legal Affairs (JURI) and Committee on Civil Liberties, Justice and Home Affairs (LIBE). The draft report was published on 8 November 2018. The report was adopted at the plenary session on 13 February 2019, and was referred back to the responsible committees for interinstitutional negotiations. The Parliament adopted the agreement reached with the Council on 17 April 2019. On 17 December 2020 the Parliament gave its consent to the next Multiannual Financial Framework.

The Council started working on the file in July 2018. On 12 July 2018 the General Secretariat of the Council invited the Permanent Representatives Committee to decide to consult the European Economic and Social Committee (EESC) and the Committee of the Regions on the proposal and to request them to give their opinion as soon as possible. On 19 December 2018 the Council agreed its position on the file. The agreement does not cover the budgetary aspects and some issues of a horizontal nature. On 5 March 2019 the European Parliament and the Council reached a provisional agreement on the programme. The budgetary aspects are subject to the overall agreement on the EU's next long-term budget. The Council confirmed the agreement on 13 March 2019. At the Special European Council 17-21 July 2020 meeting the EU leaders agreed a recovery package for the Covid-19 pandemic and the 2021-2027 budget. It was decided that the financial envelope for the Justice, Rights and Values Programme would be EUR 841 million.

In preparation for its opinion, the European Economic and Social Committee held a public hearing on the Justice, Rights and Values Fund on 3 September 2018. It adopted its opinion (Jean-Marc Roirant (Diversity Europe - GR III / France)) on 18 October 2018.

On 18 December, the Council presidency and the European Parliament reached a provisional agreement on the justice programme. The programme will have a budget of €305 million (2018 current prices). On 3 February, the COREPER analysed and approved the outcome of the negotiations between the Council of the EU and the European Parliament. On Thursday 4 February, the Committees on Civil Liberties (LIBE) and Legal Affairs (JURI) approved the agreement (67 votes in favour, 13 against and 6 abstentions).

The Council formally adopted its first-reading position on 19 April. On 27 April, Parliament adopted the act in accordance with the Council position. On 5 May, it was published in the Official Journal.

References:

• EP Legislative Observatory, Procedure file on the Justice programme 2021–2027, 2018/0208(COD)
• European Commission, Proposal for a Regulation of the European Parliament and of the Council establishing the Justice programme, COM/2018/384 final
• Regulation (EU) No 1382/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Justice Programme for the period 2014 to 2020
• European Parliament, European Parliament legislative resolution of 17 April 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the Justice programme (COM(2018)0384), 2018/0208(COD) 
• European Council, Special European Council, 17-21 July 2020, meeting page
• European Economic and Social Committee, Opinion New Justice, Rights and Values Fund, SOC/454-EESC-2012-1580

Further Reading:

• European Parliament, EPRS, Justice programme 2021-2027, At a Glance, April 2021
• European Parliament, EPRS, Promoting the Rights and Values, Justice and Creative Europe programmes, Initial Appraisal of a European Commission Impact Assessment, Briefing, November 2018

Author: Marie Lecerf, Members' Research Service, legislative-train@europarl.europa.eu