4-Year Framework Partnership Agreements to support European networks active in the area of facilitating and promoting judicial cooperation in civil and/or criminal matters

Topic description

Scope:

1. Priorities and activities to be funded

1.1. Priorities

This call aims to establish 4-year Framework Partnership Agreements with European networks whose statutory aims are to facilitate and support judicial cooperation in civil and criminal matters. The annual operating grants to be signed on the basis of these Framework Partnership Agreements will enhance the capacities of these networks to contribute actively to the development and implementation of the EU policies in this area.

Judicial cooperation in civil matters:

In the area of civil matters, priority is given to activities in the areas of cross-border family law and successions, mediation, recognition of civil status, protection of vulnerable adults, cross-border enforcement of claims, insolvency, company law, minimum common standards of procedural law (including service of documents) and application of foreign law.

Priority will be also given to activities aimed at ensuring the correct implementation of the EU acquis in judicial cooperation in civil matters and the exchange of information and networking between legal, judicial and administrative authorities and the legal professions, aimed at promoting judicial cooperation across Europe.

The main legislative measures concerned include in particular:

- Regulation (EU) No1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), (OJ L 351 of 20 December 2012, p. 1);

- Regulation (EU) No 650/2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of successions and on the creation of a European Certificate of Succession (OJ L 201 of 27 July 2012, p. 107);

- Regulation (EC) No 805/2004 creating a European Enforcement Order for uncontested claims (OJ L 143 of 30 April 2004, p. 15);

- Regulation (EC) No 1896/2006 creating a European order for payment procedure and - Regulation (EC) No 861/2007 establishing a European Small Claims Procedure as amended by Regulation (EU) 2015/2421 of 16 December 2015 ,(OJ L 341 of 24 December 2015, p. 1);

- Regulation (EU) No 2015/848 on insolvency proceedings (recast),( OJ L 141 of 5 June 2015, p. 19.);

- Regulation (EU) No 655/2014 establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters, (OJ L 189 of 27 June 2014, p. 59);

- Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, OJ L 338, 23.12.2003;

- Council Regulation (EC) No 4/2009of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 149 of 12 June 2009, p. 73);

- Council Regulation (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation, (OJ L 343 of 29 December 2010, p. 10);

- Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes (OJ L 183 of 8 July 2016, p. 1);

- Council Regulation (EU) 2016/1104 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships, (OJ L 183 of 8 July 2016, p. 30);

- Regulation (EU) 2016/1191 -of 6 July 2016 on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union and amending Regulation (EU) No 1024/2012, (OJ L 200 of 26 July 2016, p. 1);

- Directive 2008/52/EC on certain aspects of mediation in civil and commercial proceedings, OJ L 136, 24.5.2008;

- Regulation (EC) No 593/2008 on the law applicable to contractual obligations (Rome I), OJ L177, 4.7.2008, p.6;

- Regulation (EC) No 864/2007 of the European Parliament and of the Council on the law applicable to non-contractual obligations (Rome II); OJ L 199, 31.7.2007, p.40;

- Council Regulation (EC) No 1206/200, of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (OJ L 174 of 27 June 2001, p. 1);

- Regulation (EC) No 1393/2007 on the service in the Member states of judicial and extrajudicial documents in civil or commercial matters (service of documents, OJ L324, 10.12.2007, p.79;

- Council Directive 2003/8/EC to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes, OJ L 26, 31.1.2003, p.41.

Judicial cooperation in criminal matters

In the area of criminal matters, the activities to be implemented by these networks must contribute to furthering the understanding and the implementation of EU legislation in this area. Of particular importance for the given period are activities supporting knowledge-sharing and providing guidance on the practical aspects of the implementation of the EU acquis. As regards detention, the activities to be carried out must relate to the practical application of the EU Framework Decisions in the field of detention, to alternatives to imprisonment both in the pre-trial and post-trial stage, to the issue of radicalisation in prisons and activities aiming to improve detention conditions in the Member States in order to enhance the efficient operation of EU mutual recognition instruments.

The main legislative measures concerned include in particular:

- Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA);

- Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties;

- Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition for judgments imposing custodial sentences or measures involving deprivation of liberty;

- Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions;

- Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention;

- Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order;

- Directive 2014/41/EU on the European Investigation Order in criminal matters;

- Framework Decision 2008/909/JHA of 27 November (Transfer of Prisoners) OJ 5.12.2008, L 327/27, Framework Decision 2008/947/JHA of 27 November 2008 (Probation and Alternative Sanctions), OJ 16.12.2008, L 337/102, and Framework Decision 2009/829/JHA of 23 October 2009 (European Supervision Order), OJ 11.11.2009, L 294/20.

1.2. Description of the activities to be funded under this topic

This call will support networks whose activities contribute to the implementation of the objectives of the Programme and which will implement the following activities, among others, with EU added value:

• analytical activities, such as data collection, surveys, research activities, etc;

• training activities;

• facilitating the exchange of data and the structured, confidential and data-protection compliant communication between the authorities appointed under EU legislation (e.g. competent authorities), including electronic transmission of documents, requests for information, questioning and hearing of persons across borders (such as by way of video-conferencing);

• mutual learning, identifying and exchange of best practices which may be transferable to other participating countries;

• dissemination and awareness raising activities;

• exchange of information and networking between judicial and administrative authorities and the legal professions and relevant civil society actors. In the area of criminal justice this may include for example development of an accessible and comprehensive source of country specific information and guidance on procedures, criminal codes, offences and legislation in each Member State; development of prototype templates to assist the issuing and executing authorities.