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to the public on: The Hague, 18/01/2023
18 APR 2023 EDOC# 1278512 |v |6
Department / Team G2-11

 

Author

 

 

Briefing Note

Informal Justice and Home Affairs (JHA) Council meeting
26-27 January 2023 Stockholm

 

  
 

 

 

1. Time and Place

26-27 January 2023, Stockholm

 

On 26 January, Home Affairs:

«e Russia’s aggression against Ukraine - Information from the EU CTC on the recent internal
security dialogue with Ukraine, 14.30-14.40

 

Working session on “Fight against organised crime/going dark”, 14.40-17.00

Presentation by FRA, the Swedish National Police Commissioner and Europol. Ministers will be
invited to exchange views on the need for access to data, electronic evidence, and information
for judicial and law enforcement purposes in the digital era.

On 27 January, Justice Affairs:
e Working lunch on “the prosecution of international crimes in Ukraine”, 13:00-15:00

Presentation by Mr Denis Malyuska, Minister for Justice, Ukraine (VTC).

Presentation by the Swedish Prosecutor General, a war crimes prosecutor from the Swedish
Prosecution Authority and Eurojust, followed by a discussion on national prosecution of
international crimes in Ukraine.

ar

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Format: 1+1 (with the exception of working lunch)

 

Context:

The official priorities of the Swedish Presidency revolve around security, resilience, prosperity,
democratic values, and the rule of law.

They highlight the issues that have been on the radar forthe EU in the past year; namely Russia’s
aggression against Ukraine which has posed a threat to Europe’s security and values,
alongside the knock on effects it has had on migration, global food and energy supplies. The
Swedish Presidency will continue to support Ukraine on various fronts and combat the problems
that have arisen as a consequence of the war. As stated by the Prime Minister of Sweden, Ulf
Kristersson, in his speech to the European Parliament, the victory of Ukraine is existential for the
survival of Europe and the whole world. The Swedish Presidency will intend to use frozen Russian
assets as a means of reconstructing Ukraine after the war. The topic of the war in Ukraine is
on the agenda of both the Home and Justice Affairs parts of the informal Council.

The Swedish Presidency will also focus on fighting cross-border organised crime alongside
other initiatives. The Presidency supports continued and intensified efforts to ensure and develop
access to communication data and e-evidence, which will also be the topic of discussion
for the informal Council.

The Swedish Presidency will try to continue to progress on the Pact, reaching a coherent migration
policy. Discussion at informal Couneil will focus on more effective return policy and cooperation
with third countries in the area of returns. The lunch of Home Affairs ministers will be also
dedicated to the future efforts to manage refugee flows from conflict areas in Ukraine.

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3. Background information

3.1 Fight against organised crime - ‘Going dark’

 

The main guiding questions for delegations at the informal JHA Council, based on the discussion
paper will be:

1. Do ministers agree on the need to address the conditions for lawful access to electronic
evidence and communications data for judicial and law enforcement purposes at the
EU level?

2 Which capabilities and tools need to be further reinforced or developed at EU level to

when it comes to access to data and electronic evidence? Where should we put our
focus first?

3. In your opinion, would it be valuable to establish a framework with the relevant actors
to work on the way forward on these issues in a coherent and comprehensive manner,
taking into account all aspects of the issue, while avoiding duplication of effort?

3.2

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