Regulation (EU) 2023/2131 amending Regulation (EU) 2018/1727 and Council Decision 2005/671/JHA, as regards digital information exchange in terrorism cases

Summary:

Regulation (EU) 2023/2131 - adopted by the co-legislators on 4 October 2023 - introducing amendments to Regulation (EU) 2018/1727 and Council Decision 2005/671/JHA, as regards digital information exchange in terrorism cases.

Further information:

Council Decision 2005/671/JHA set out a procedure for the sharing of information on criminal investigations, prosecutions and convictions for terrorist offences among countries of the European Union (EU). Regulation (EU) 2018/1727 established a new legal framework for the Agency for Criminal Justice Cooperation (Eurojust).

This Regulation amends both Acts in an attempt to modernise existing practices of sharing information on judicial cases related to terrorism between EU Member States and Eurojust. It seeks to enable the Agency to fulfil its role as envisaged in Regulation (EU) 2018/1727 as regards coordination and cooperation between the national investigating and prosecuting authorities in serious crime, in particular terrorist offences. The Regulation establishes a digital case management system to store and cross-check the information received.

The draft law was adopted by the European Commission on 1 December 2021, as part of a legislative package focusing on the digitalisation of justice. The Council of the European Union adopted its general approach to the proposed text on 9 June 2022. The European Parliament's relevant committee adopted a negotiating position on 25 October. An informal agreement between the co-legislators on a compromise text for this file was reached on 14 December. It was formally endorsed by Parliament on 12 July 2023, followed by the Council on 18 September. The Act was signed by the co-legislators on 4 October 2023 and published in the Official Journal on 11 October 2023.

• Primary Source

Official

EUR-LEX: COM(2021)757: Proposal for a Regulation amending Regulation (EU) 2018/1727 and Council Decision 2005/671/JHA, as regards the digital information exchange in terrorism cases https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2021:757:FIN

European Parliament: Legislative Observatory: Procedure File for Proposal on Digital information exchange in terrorism cases (2021/0393(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2021/0393(COD)

European Parliament: Legislative Train Schedule: Digital information exchange on cross-border terrorism cases https://www.europarl.europa.eu/legislative-train/theme-a-new-push-for-european-democracy/file-digital-information-exchange-on-cross-border-terrorism-cases

European Commission: Policies: Digitalisation of justice https://commission.europa.eu/strategy-and-policy/policies/justice-and-fundamental-rights/digitalisation-justice_en

European Commission: Press Release, 01/12/2021: Modernising judicial cooperation: Commission paves the way for further digitalisation of EU justice systems https://ec.europa.eu/commission/presscorner/detail/en/ip_21_6387

European Commission: Questions and Answers on the digitalisation of EU justice systems (1 December 2021) https://ec.europa.eu/commission/presscorner/detail/en/qanda_21_6388

Council of the European Union: Press Release, 09/06/2022: Judicial cooperation: Council adopts negotiating mandate on two proposals to improve information exchange https://www.consilium.europa.eu/en/press/press-releases/2022/06/09/judicial-cooperation-council-adopts-negotiating-mandate-two-proposals-improve-information-exchange/

Council of the European Union: Press Release, 14/12/2022: Council presidency and European Parliament reach provisional agreement to improve information exchange in terrorism cases https://www.consilium.europa.eu/en/press/press-releases/2022/12/14/council-presidency-and-european-parliament-reach-provisional-agreement-to-improve-information-exchange-in-terrorism-cases/

ECR EP Group: News, 12/07/2023: Better data exchange between EU Member States to combat terrorism https://ecrgroup.eu/article/better_data_exchange_between_eu_member_states_to_combat_terrorism

Council of the European Union: Press Release, 18/09/2023: Council adoption: new EU law to modernise judicial cooperation on terrorism cases https://www.consilium.europa.eu/en/press/press-releases/2023/09/18/council-adoption-new-eu-law-to-modernise-judicial-cooperation-on-terrorism-cases/

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