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Subject matter
This Regulation establishes the Justice Programme (the ‘Programme’) for the duration of the multiannual financial framework 2021-2027, as laid down in Regulation (EU, Euratom) 2020/2093. It lays down the objectives of the Programme, the budget for the period 2021–2027, the forms of Union funding and the rules for providing such funding.
Definition
For the purposes of this Regulation, ‘judiciary and judicial staff’ means judges, prosecutors and members of staff of courts and of prosecutors’ offices, as well as any other justice professionals associated with the judiciary.
Programme objectives
1. The Programme has the general objective of contributing to the further development of a European area of justice based on the rule of law including the independence and impartiality of the judiciary, on mutual recognition and mutual trust, and on judicial cooperation thereby also strengthening democracy, the rule of law and the protection of fundamental rights. 2. Within the general objective set out in paragraph 1, the Programme shall have the following specific objectives: (a) to facilitate and support judicial cooperation in civil and criminal matters, and to promote the rule of law and the independence and impartiality of the judiciary, including through supporting efforts to improve the effectiveness of national justice systems and the effective enforcement of decisions; (b) to support and promote judicial training, with a view to fostering a common legal and judicial culture as well as a culture based on the rule of law, and to support and promote the consistent and effective implementation of the Union legal instruments that are relevant in the context of the Programme; (c) to facilitate effective and non-discriminatory access to justice for all, and effective remedy, including by electronic means (e-justice), by promoting efficient civil and criminal procedures and by promoting and supporting the rights of all victims of crime as well as the procedural rights of suspects and accused persons in criminal proceedings.
Mainstreaming
In the implementation of all of its actions, the Programme shall seek to promote gender equality, the rights of the child, inter alia by means of child-friendly justice, the protection of victims and the effective application of the principle of equal rights and non-discrimination based on any of the grounds listed in Article 21 of the Charter, in accordance with and within the limits set by Article 51 of the Charter.
Budget
1. The financial envelope for the implementation of the Programme for the period from 1 January 2021 to 31 December 2027 shall be EUR 305 000 000 in current prices. 2. The amount set out in paragraph 1 may be used for technical and administrative assistance for the implementation of the Programme, such as preparatory, monitoring, control, audit and evaluation activities, including corporate information technology systems. 3. In accordance with point (a) of the second subparagraph of Article 193(2) of the Financial Regulation, taking into account the delayed entry into force of this Regulation and in order to ensure continuity, for a limited period, costs incurred in respect of actions supported under this Regulation may be considered eligible as of 1 January 2021, even if they were incurred before the grant application was submitted. 4. Within the financial envelope for the Programme, amounts shall be allocated to each specific objective in accordance with the percentages set out in Annex I. 5. Resources allocated to Member States under shared management may, at the request of the Member State concerned, be transferred to the Programme subject to the conditions set out in Article 26 of a Regulation of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (the ‘Common Provisions Regulation for 2021-2027’). The Commission shall implement those resources directly in accordance with point (a) of the first subparagraph Article 62(1) of the Financial Regulation or indirectly in accordance with point (c) of that subparagraph. Those resources shall be used for the benefit of the Member State concerned.
Third countries associated to the Programme
The Programme shall be open to the the participation of the following third countries: (a) members of the European Free Trade Association (EFTA) which are members of the EEA, in accordance with the conditions laid down in the Agreement on the European Economic Area; (b) acceding countries, candidate countries and potential candidates, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions or in similar agreements and in accordance with the specific conditions laid down in agreements between the Union and those countries; (c) European Neighbourhood Policy countries, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions or in similar agreements and in accordance with the specific conditions laid down in agreements between the Union and those countries; (d) other third countries, in accordance with the conditions laid down in a specific agreement covering the participation of the third country to any Union programme, provided that the agreement: (i) ensures a fair balance as regards the contributions and benefits of the third country participating in the Union programmes; (ii) lays down the conditions of participation in the programmes, including the calculation of financial contributions to individual programmes, and their administrative costs; (iii) does not confer on the third country any decision-making power in respect of the Union programme; (iv) guarantees the rights of the Union to ensure sound financial management and to protect its financial interests. The contributions referred to in point (d)(ii) of the first subparagraph shall constitute assigned revenues in accordance with Article 21(5) of the Financial Regulation.
Implementation and forms of Union funding
1. The Programme shall be implemented in direct management in accordance with the Financial Regulation or in indirect management by the bodies referred to in point (c) of the first subparagraph of Article 62(1) thereof. 2. The Programme may provide funding in any of the forms laid down in the Financial Regulation. 3. Contributions to a mutual insurance mechanism may cover the risk associated with the recovery of funds due by recipients and shall be considered a sufficient guarantee under the Financial Regulation. The provisions laid down in Article 37(7) of Regulation (EU) 2021/695 shall apply.
Types of action
Actions contributing to the achievement of a specific objective as set out in Article 3 may receive funding under this Regulation. In particular, the following activities shall be eligible for funding: (a) awareness-raising and dissemination of information to improve knowledge of Union policies and Union law, including substantive and procedural law, of judicial cooperation instruments, of the relevant case-law of the Court of Justice of the European Union and of comparative law and European and international standards, including the understanding of the interaction between different areas of law; (b) mutual learning and the exchange of good practices among stakeholders to improve knowledge and mutual understanding of the civil and criminal law and the legal and judicial systems of the Member States, including the rule of law and access to justice, and to enhance mutual trust; (c) analytical and monitoring activities to improve knowledge and understanding of potential obstacles to the smooth functioning of a European area of justice, and to improve the implementation of Union law and policies in the Member States, such as activities including the collection of data and statistics; the development of common methodologies and, where appropriate, of indicators or of benchmarks; studies, research, analyses and surveys; evaluations; impact assessment; and the development and publication of guides, reports and educational material; (d) training relevant stakeholders to improve knowledge of Union law and policies, including substantive and procedural law, fundamental rights, the use of Union judicial cooperation instruments, the relevant case-law of the Court of Justice of the European Union, legal language and comparative law; (e) developing and maintaining information and communication technology (ICT) as well as e-justice tools, taking into account privacy and data protection, to improve the efficiency of judicial systems and cooperation between them by means of ICT, including the cross-border interoperability of systems and applications; (f) developing the capacity of key European-level networks and European judicial networks, including networks established by Union law to ensure the effective application and enforcement of Union law, to promote and further develop Union law, values, policy goals and strategies in the areas of the Programme; (g) supporting civil society organisations and non-profit stakeholders active in the areas covered by the Programme to increase their capacity to react and advocate as well as to ensure adequate access for all citizens to their services, counselling activities and support activities, thereby also contributing to the strengthening of democracy, the rule of law and fundamental rights; (h) enhancing knowledge of the Programme and the dissemination, transferability and transparency of its results and fostering citizen outreach, including by organising forums for discussion for stakeholders.
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