Towards mutual recognition of court judgments

After the amendment, the court judgment will be automatically enforceable in other member states; without any further proceedings. Today, parties to cross-border litigation, have to file an action in  the other member state as well, which is time consuming, cost more money and effort. The amended regulation will also prevent the abuse of differences in member states’ legal systems. Today a litigant can deliberately choose a court in a country with no jurisdiction, to play for time.

If, for example, in the dispute of a Polish and a French company, the Polish court places an obligation on the French company, the Polish company still has to file an action with a French court, to enforce the Polish judgment. This can take up to two years, and 20 thousand euros in cost. When the amended regulation takes effect, it will enable small and medium enterprises to save 48 million euros per year, mentioned Viviane Reding at the follow-up press conference. The commissioner called the proposed regulation “revolutionary,” and added, after it has taken effect, “judgments in civil and commercial matters, will no longer be foreign,”, said Ms Reding .

More stringent punishment for computer crimes

The Council discussed the proposed regulation that will impose more stringent punishments, for computer crimes. The new regulation will penalise the application of “zombi” computers (botnet) brought under an outsider’s control, by a  virus , and computer data theft. The new law will authorise longer sentences: for general cases, the maximum punishment will be incarceration of at least two years; and in qualified cases, at least five years.

Qualified cases will include cyber attacks from a network of “zombi” computers, if the perpetrator conceals their identity to commits the crime in another person’s name.

Defendants entitled to receive information

The ministers of justice, discussed the proposal for a directive, which will broaden the rights of suspected and accused persons to receive information concerning their procedural rights . The authorities will immediately have to provide information on the fact, and contents of the indictment, and access to the prosecution files. It will be mandatory to provide written information to arrested persons, about their rights, in a language that they understand, and in a wording that is clear for a layperson. The brochure containing the rights of defendants will be made available in every language of the EU. As Tibor Navracsics emphasised, in an interview to eu2011.hu, before the Council meeting, the draft directive is a priority for the Hungarian Presidency.

Upgrading data protection

The Justice Council adopted conclusions on the Commission’s communication on data protection, which is a step towards the review of the data protection directive, planned for some time in 2011. At the follow-up press conference, the Hungarian minister said, the main endeavour of the Council is to ensure the new law reflects the new situations arising from globalisation, and IT development. The law must regulate police and court data management in criminal cases, and must reduce the unreasonable burdens on custodians of data, said Mr Navracsics.

The ministers adopted conclusions about the Council’s  role in effective implementation of  the Charter of Fundamental Rights. In this context, Mr Navracsics told the press conference, that the human rights part of Hungary’s planned new constitution would include the EU’s Charter of Fundamental Rights. This will be the first constitution of this kind in the EU.

The Council listened to the Commission’s report on the commemoration of the crimes committed, by totalitarian regimes. Focusing on the future, the report contains a proposal to preserve the memory of victims,” Mr Navracsics said at the press conference.