The Justice and Home Affairs Council of Ministers of the European Union has agreed on a text for a proposed Directive which will define common standards and procedures in Member States for returning illegally staying third-country nationals. The Directive will also limit the detention of such persons to a maximum of 18 months.

Justice and Home Affairs Minister, Dr. Carmelo Mifsud Bonnici, participated in the meeting.

After months of intensive discussions, the Ministers agreed on a text that will now be referred to the European Parliament to vote upon. Malta has participated actively in the discussions of this proposal and had voiced its opinion to the effect that detention should remain in the hands of the Member States to determine.

Ministers also reached an agreement on the proposed Decision (implementing a previous Decision) on stepping up cross-border cooperation particularly in combating terrorism and cross-border crime. The Council agreed on the establishment of common provisions of an administrative and technical nature which implement forms of cooperation especially for the automated exchange of DNA data, dactyloscopic data and vehicle registration data between law enforcement authorities in an effort to continue enhancing the Member states' preparedness in the fight against terrorism and organised crime.

On the second day of the Council, the Justice Ministers adopted political guidelines that would guide technical experts (including Maltese representatives) in their discussions on the proposal for a Council Regulation relating to jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations. No agreement was reached, however, on a proposal relating to jurisdiction and introducing rules concerning applicable law in matrimonial matters which would allow the persons concerned a certain degree of autonomy in choosing the competent court and applicable law in case of divorce and legal separation.

It was decided that the Member States will continue to examine the conditions and implications of possibly establishing enhanced cooperation between Member States - which essentially means cooperation among a limited number of Member States willing to agree and go forward on a certain matter. Agreement was however reached on the proposed directive on criminalising acts which could damage the environment.

This was the last Justice and Home Affairs Council meeting under the current Slovenian presidency as the EU Presidency will now be passed on to France as from the 1st of July.