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The Portuguese Presidency of the Council of the EU in Justice – our priorities

THE PORTUGUESE PRESIDENCY OF THE COUNCIL OF THE EU IN JUSTICE

OUR PRIORITIES

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"Justice is today one of the most relevant areas in the context of the European Union."

On 1 January 2021, Portugal will begin its six-month Presidency of the Council of the European Union. It will do so for the fourth time. It has had this role, for the first time, in 1992, under the motto "Towards the European Union", and it was during the six months in which it headed the Council that not only the Treaty on European Union was signed, although in the Dutch city of Maastricht, but also the Porto Treaty, which created the European Economic Area.

Eight years later, Portugal was, for the second time, at the helm of the Council, under the motto "Europe at the threshold of the 21st century". This Presidency was marked by the adoption of the Lisbon Strategy, by the 1st EU-Africa Summit and by the opening of the Intergovernmental Conference on the institutional reform of the European Union. It has been already thirteen long years ago that, for the last time, Portugal led the Council, this time under the motto “A stronger Union for a better world”, which was marked by the signing of the Treaty that would have the name of the Portuguese capital, and by the first summit between the European Union and Brazil.

The success story of the previous Presidencies places a demanding burden on the work that will take place between 1 January and 30 June 2021. Faced with the unstable and extraordinary scenario posed by the pandemic, the challenges ahead will require a double effort of coordination, organisation and adaptation, so that the major objectives set for the first half of 2021, (a resilient, social, green, digital and global Europe) can be properly achieved and implemented.

Justice is today one of the most relevant areas in the context of the European Union. The path of European integration thus proves it, and the successive institutionalisation and the exponential increase in matters of the so-called Area of Freedom, Security and Justice further confirm this.

Portugal shall not fail to reflect this importance during the six-month period in which it will lead the Council. Five key axes will guide the Portuguese Presidency of the Council of the European Union in the Justice area, in particular:

Priority to the Rule of Law; e-Justice and citizens’ rights; Protection of vulnerable adults; Strengthen the judicial cooperation in criminal matters and combating transnational organised crime, with particular emphasis on terrorism; Judicial cooperation in civil and commercial matters.

At a time where Democracy suffers sensitive attacks, jeopardising the matrix that forms the European project, Portugal will strive for the affirmation of the Union as an area for the primacy of Law. It shall in particular enshrine, as priorities of its Presidency, the accession of the European Union to the European Convention on Human Rights, the strengthening of all forms of prevention and fight against hate speech, racism and xenophobia, as well as the consolidation of the external aspect of the European Justice, both in the multilateral and bilateral context.

In order to embody the second defined priority, the Ministry of Justice will promote the Union's e-Justice policy, focusing it on the citizens' rights and on its economic potential. To this end, particular attention will be paid to interoperability, to the activities regulating the use of artificial intelligence in the justice systems, as well as to the longterm management of e-CODEX, continuing the 2019-2023 Action Plan for European e-Justice.

Portugal wants the protection of vulnerable adults to be put back on the agenda of the European Union, both in the civil and criminal scope. The

"...the uncertainty arising from the global epidemiological situation poses redoubling challenges to the exercise of the Portuguese Presidency of the Council of the European Union..."

Photography: https://eurocid.mne.gov.pt/ppue2021/presidencia-do-conselho European Union is a territory marked by an ageing population, by the frequent displacement of older citizens and by their choice to reside in Member States other than those of their nationality. As such, it is important to restart a process of weighing up and diagnosing on how the Union has responded to the challenges posed by this reality, as well as all the problems faced by any person or group who, even though adults, are particularly vulnerable.

In order to strengthen the judicial cooperation in criminal matters and to combat transnational organised crime, with particular emphasis on terrorism, the Portuguese Presidency of the Council of the European Union will implement the European Union Strategy for combating terrorism and radicalisation, with special focus on threat assessment and violent extremism in its various matrices and guidelines, including online activities. At the same time, Portugal will endeavour to implement the entry into operation of the European Public Prosecutor’s Office. Finally, the fight against counterfeiting will also be a major objective of the Portuguese Presidency, implying a call for attention to the promotion and awareness of the protection of intellectual property rights.

The consolidation and implementation of the existing acquis in civil and commercial cooperation will be the guiding axes of the Portuguese Presidency of the Council of the European Union with regard to the last priority for Justice, along with the constant promotion of multilateralism and the solidification of relations with other international bodies operating in the area of Civil Law.

While it is true that the uncertainty arising from the global epidemiological situation poses redoubling challenges to the exercise of the Portuguese Presidency of the Council of the European Union, it is no less certain that this fact only makes this enterprise more challenging and the potential results that may result from it more rewarding.

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