Legal provisions of COM(2018)384 - Justice programme - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2018)384 - Justice programme. |
|---|---|
| document | COM(2018)384  |
| date | April 28, 2021 |
Contents
CHAPTER I - GENERAL PROVISIONS
Article 1
Subject matter
This Regulation establishes the Justice Programme (the ‘Programme’) for the duration of the multiannual financial framework 2021-2027, as laid down in Regulation (EU, Euratom) 2020/2093.
It lays down the objectives of the Programme, the budget for the period 2021–2027, the forms of Union funding and the rules for providing such funding.
Article 2
Definition
For the purposes of this Regulation, ‘judiciary and judicial staff’ means judges, prosecutors and members of staff of courts and of prosecutors’ offices, as well as any other justice professionals associated with the judiciary.
Article 3
Programme objectives
1. The Programme has the general objective of contributing to the further development of a European area of justice based on the rule of law including the independence and impartiality of the judiciary, on mutual recognition and mutual trust, and on judicial cooperation thereby also strengthening democracy, the rule of law and the protection of fundamental rights.
2. Within the general objective set out in paragraph 1, the Programme shall have the following specific objectives:
| (a) | to facilitate and support judicial cooperation in civil and criminal matters, and to promote the rule of law and the independence and impartiality of the judiciary, including through supporting efforts to improve the effectiveness of national justice systems and the effective enforcement of decisions; |
| (b) | to support and promote judicial training, with a view to fostering a common legal and judicial culture as well as a culture based on the rule of law, and to support and promote the consistent and effective implementation of the Union legal instruments that are relevant in the context of the Programme; |
| (c) | to facilitate effective and non-discriminatory access to justice for all, and effective remedy, including by electronic means (e-justice), by promoting efficient civil and criminal procedures and by promoting and supporting the rights of all victims of crime as well as the procedural rights of suspects and accused persons in criminal proceedings. |
Article 4
Mainstreaming
In the implementation of all of its actions, the Programme shall seek to promote gender equality, the rights of the child, inter alia by means of child-friendly justice, the protection of victims and the effective application of the principle of equal rights and non-discrimination based on any of the grounds listed in Article 21 of the Charter, in accordance with and within the limits set by Article 51 of the Charter.
Article 5
Budget
1. The financial envelope for the implementation of the Programme for the period from 1 January 2021 to 31 December 2027 shall be EUR 305 000 000 in current prices.
2. The amount set out in paragraph 1 may be used for technical and administrative assistance for the implementation of the Programme, such as preparatory, monitoring, control, audit and evaluation activities, including corporate information technology systems.
3. In accordance with point (a) of the second subparagraph of Article 193(2) of the Financial Regulation, taking into account the delayed entry into force of this Regulation and in order to ensure continuity, for a limited period, costs incurred in respect of actions supported under this Regulation may be considered eligible as of 1 January 2021, even if they were incurred before the grant application was submitted.
4. Within the financial envelope for the Programme, amounts shall be allocated to each specific objective in accordance with the percentages set out in Annex I.
5. Resources allocated to Member States under shared management may, at the request of the Member State concerned, be transferred to the Programme subject to the conditions set out in Article 26 of a Regulation of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (the ‘Common Provisions Regulation for 2021-2027’). The Commission shall implement those resources directly in accordance with point (a) of the first subparagraph Article 62(1) of the Financial Regulation or indirectly in accordance with point (c) of that subparagraph. Those resources shall be used for the benefit of the Member State concerned.
Article 6
Third countries associated to the Programme
The Programme shall be open to the the participation of the following third countries:
| (a) | members of the European Free Trade Association (EFTA) which are members of the EEA, in accordance with the conditions laid down in the Agreement on the European Economic Area; |
| (b) | acceding countries, candidate countries and potential candidates, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions or in similar agreements and in accordance with the specific conditions laid down in agreements between the Union and those countries; |
| (c) | European Neighbourhood Policy countries, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions or in similar agreements and in accordance with the specific conditions laid down in agreements between the Union and those countries; |
| (d) | other third countries, in accordance with the conditions laid down in a specific agreement covering the participation of the third country to any Union programme, provided that the agreement:
|
The contributions referred to in point (d)(ii) of the first subparagraph shall constitute assigned revenues in accordance with Article 21(5) of the Financial Regulation.
Article 7
Implementation and forms of Union funding
1. The Programme shall be implemented in direct management in accordance with the Financial Regulation or in indirect management by the bodies referred to in point (c) of the first subparagraph of Article 62(1) thereof.
2. The Programme may provide funding in any of the forms laid down in the Financial Regulation.
3. Contributions to a mutual insurance mechanism may cover the risk associated with the recovery of funds due by recipients and shall be considered a sufficient guarantee under the Financial Regulation. The provisions laid down in Article 37(7) of Regulation (EU) 2021/695 shall apply.
Article 8
Types of action
Actions contributing to the achievement of a specific objective as set out in Article 3 may receive funding under this Regulation. In particular, the following activities shall be eligible for funding:
| (a) | awareness-raising and dissemination of information to improve knowledge of Union policies and Union law, including substantive and procedural law, of judicial cooperation instruments, of the relevant case-law of the Court of Justice of the European Union and of comparative law and European and international standards, including the understanding of the interaction between different areas of law; |
| (b) | mutual learning and the exchange of good practices among stakeholders to improve knowledge and mutual understanding of the civil and criminal law and the legal and judicial systems of the Member States, including the rule of law and access to justice, and to enhance mutual trust; |
| (c) | analytical and monitoring activities to improve knowledge and understanding of potential obstacles to the smooth functioning of a European area of justice, and to improve the implementation of Union law and policies in the Member States, such as activities including the collection of data and statistics; the development of common methodologies and, where appropriate, of indicators or of benchmarks; studies, research, analyses and surveys; evaluations; impact assessment; and the development and publication of guides, reports and educational material; |
| (d) | training relevant stakeholders to improve knowledge of Union law and policies, including substantive and procedural law, fundamental rights, the use of Union judicial cooperation instruments, the relevant case-law of the Court of Justice of the European Union, legal language and comparative law; |
| (e) | developing and maintaining information and communication technology (ICT) as well as e-justice tools, taking into account privacy and data protection, to improve the efficiency of judicial systems and cooperation between them by means of ICT, including the cross-border interoperability of systems and applications; |
| (f) | developing the capacity of key European-level networks and European judicial networks, including networks established by Union law to ensure the effective application and enforcement of Union law, to promote and further develop Union law, values, policy goals and strategies in the areas of the Programme; |
| (g) | supporting civil society organisations and non-profit stakeholders active in the areas covered by the Programme to increase their capacity to react and advocate as well as to ensure adequate access for all citizens to their services, counselling activities and support activities, thereby also contributing to the strengthening of democracy, the rule of law and fundamental rights; |
| (h) | enhancing knowledge of the Programme and the dissemination, transferability and transparency of its results and fostering citizen outreach, including by organising forums for discussion for stakeholders. |
CHAPTER II - GRANTS
Article 9
Grants
1. Grants under the Programme shall be awarded and managed in accordance with Title VIII of the Financial Regulation.
2. Members of the evaluation committee may be external experts.
Article 10
Cumulative and alternative funding
1. An action that has received a contribution under the Programme may also receive a contribution from another Union programme, including funds under shared management, provided that the contributions do not cover the same costs. The rules of the relevant Union programme shall apply to the corresponding contribution to the action. The cumulative financing shall not exceed the total eligible costs of the action. The support from the different Union programmes may be calculated on a pro-rata basis in accordance with the documents setting out the conditions for support.
2. Actions awarded a Seal of Excellence label under the Programme may receive support from the European Regional Development Fund or the European Social Fund Plus, in accordance with Article 73(4) of the Common Provisions Regulation for 2021-2027) if they comply with the following cumulative conditions:
| (a) | they have been assessed in a call for proposals under the Programme; |
| (b) | they comply with the minimum quality requirements of that call for proposals; |
| (c) | they cannot be financed under that call for proposals due to budgetary constraints. |
Article 11
Eligible entities
1. The eligibility criteria set out in paragraphs 2 and 3 of this Article shall apply in addition to the criteria set out in Article 197 of the Financial Regulation.
2. The following entities shall be eligible:
| (a) | any legal entity established in:
|
| (b) | any legal entity created under Union law, or any international organisation. |
3. The Programme shall support the EJTN’s expenditure associated with its permanent work programme, and any operating grant to that effect shall be awarded without a call for proposals in accordance with the Financial Regulation.
CHAPTER III - PROGRAMMING, MONITORING, EVALUATION AND CONTROL
Article 12
Work programme
1. The Programme shall be implemented by work programmes referred to in Article 110 of the Financial Regulation.
2. The work programme shall be adopted by the Commission by means of an implementing act. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 18.
Article 13
Monitoring and reporting
Indicators to report on the progress of the Programme towards the achievement of the general and specific objectives laid down in Article 3 are set out in Annex II.
To ensure the effective assessment of the Programme’s progress towards the achievement of its objectives, the Commission is empowered to adopt delegated acts, in accordance with Article 15, to amend Annex II with regard to the indicators where considered necessary as well as to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework.
The performance reporting system shall ensure that data for monitoring the implementation and the results of the Programme are collected efficiently, effectively and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds and, where appropriate, on Member States.
The Commission shall report on the performance of the Programme annually to the European Parliament and to the Council, within the existing reporting mechanisms, in particular the EU Justice Scoreboard. In particular, the Commission shall report on the use of the funds allocated to each specific objective. In its report, it shall specify the types of action that have received funding, including actions linked to the promotion of gender equality. On the basis of that report, the European Parliament may make recommendations. The Commission shall duly take those recommendations into account.
Article 14
Evaluation
1. Evaluations of the Programme shall be carried out in a timely manner with a view to feeding into the decision-making process.
2. The Commission shall carry out an interim evaluation of the Programme once there is sufficient information available about the implementation of the Programme, but no later than four years after the start of its implementation.
3. The Commission shall carry out a final evaluation of the Programme at the end of its implementation, but no later than four years after the end of the period specified in Article 1.
4. The Commission shall communicate the conclusions of the evaluations, accompanied by its observations, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.
Article 15
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 13 shall be conferred on the Commission until 31 December 2027.
3. The delegation of power referred to in Article 13 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Article 13 shall enter into force if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Article 16
Protection of the financial interests of the Union
Where a third country participates in the Programme by means of a decision adopted pursuant to an international agreement or on the basis of any other legal instrument, the third country shall grant the necessary rights and access required for the authorising officer responsible, OLAF and the Court of Auditors to comprehensively exercise their respective competences. In the case of OLAF, such rights shall include the right to carry out investigations, including on-the-spot checks and inspections, as provided for in Regulation (EU, Euratom) No 883/2013.
CHAPTER IV - TRANSITIONAL AND FINAL PROVISIONS
Article 17
Information, communication and publicity
The recipients of Union funding shall acknowledge the origin of those funds and ensure the visibility of the Union funding, in particular when promoting the actions and their results, by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.
The Commission shall implement information and communication actions relating to the Programme, to actions taken pursuant to the Programme and to the results obtained.
Financial resources allocated to the Programme shall also contribute to the corporate communication of the political priorities of the Union, insofar as those priorities are related to the objectives referred to in Article 3.
Article 18
Committee procedure
1. The Commission shall be assisted by a committee. This committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 19
Repeal
Regulation (EU) No 1382/2013 is repealed with effect from 1 January 2021.
Article 20
Transitional provisions
1. This Regulation shall not affect the continuation of or modification of actions initiated pursuant to Regulation (EU) No 1382/2013, which shall continue to apply to those actions until their closure.
2. The financial envelope for the Programme may also cover the technical and administrative assistance expenses necessary to ensure the transition between the Programme and the measures adopted pursuant to Regulation (EU) No 1382/2013.
3. If necessary, appropriations may be entered in the Union budget beyond 2027 to cover the expenses provided for in Article 5(2), to enable the management of actions not completed by 31 December 2027.
Article 21
Entry into force
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2021.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.