Estonian justmin: EU-level changes to criminal law should be made only when justified

TALLINN - Criminal law should only be regulated at the EU level when there is a justified need, Estonian Minister of Justice and Digital Affairs Liisa Pakosta said at the European Union Justice and Home Affairs Council meeting on Friday.

"We must consider Estonia's legal system and traditions, such as how statutes of limitations for crimes and distinctions based on the severity of the crime fit into Estonia's legal framework," Pakosta said at the meeting, which focused on combating cross-border organized crime.

On the use of communications data, Pakosta stressed the importance of finding a solution that allows for the investigation of serious crimes.

"Crime transcends borders, and if we cannot use communications data in investigating serious crimes, these crimes may remain unresolved," she added.

During a discussion on combating impunity, the focus once again turned to Russia's brutal war crimes in Ukraine, including deliberate attacks on civilians and infrastructure and the mass deportation of children.

"Russia's political and military leadership must bear legal responsibility once the war ends. For this, a special tribunal needs to be established under the auspices of the Council of Europe," Pakosta emphasized.

The EU Insolvency Directive aims to simplify the lives of creditors and enable quicker recovery of debts from another member state. Additionally, the goal is to encourage new investments in Estonia, supporting innovation and business growth.

In a discussion on the use of artificial intelligence in the justice sector, the minister highlighted that Estonia's court system is highly digitized. However, AI-based solutions to improve the efficiency of the judiciary are still under development. Current systems include transcription of court hearing audio recordings, anonymization of court rulings, and remote notarial identity verification.

The new European Commission began its work on Dec. 1, and its work plan is expected in February. So far, various discussions have taken place in the Council of the European Union on the future of criminal and civil law and the potential use of artificial intelligence in the judiciary.