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(2) It is crucial that those rights and values continue to be actively cultivated, protected, promoted, enforced and shared among the citizens and peoples and that they remain at the heart of the Union project, given that a deterioration in the protection of those rights and values in any Member State can have detrimental effects on the Union as a whole. Provision should therefore be made in the general budget of the Union for a new Justice, Rights and Values Fund, comprising the Citizens, Equality, Rights and Values Programme established by Regulation (EU) 2021/692 of the European Parliament and the Council and the Justice Programme. At a time when European societies are confronted with extremism, radicalism and divisions, and space for independent civil society is shrinking, it is more important than ever to promote, strengthen and defend justice, rights and the Union values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights. This will have profound and direct implications for political, social, cultural and economic life in the Union. As part of the new Justice, Rights and Values Fund, the Justice Programme (the ‘Programme’) in line with the 2014–2020 Justice Programme established by Regulation (EU) No 1382/2013 of the European Parliament and of the Council will continue to support the further development of a Union area of justice based on the rule of law, the independence and impartiality of the judiciary, mutual recognition and mutual trust, access to justice and cross-border cooperation. The Citizens, Equality, Rights and Values Programme will bring together the Rights, Equality and Citizenship Programme for 2014–2020 established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council and the ‘Europe for Citizens’ programme established by Council Regulation (EU) No 390/2014 .

(3) The Programme should be established for a period of seven years to align its duration with that of the multiannual financial framework laid down in Council Regulation (EU, Euratom) 2020/2093 .

(4) The Justice, Rights and Values Fund and its two underlying funding programmes will focus on persons and entities which contribute to making our common values and rich diversity as well as rights and equality alive and vibrant. The ultimate objective is to nurture and sustain a rights-based, equal, open, pluralist, inclusive and democratic society. That includes a vibrant and empowered civil society as a key stakeholder, encouraging people’s democratic, civic and social participation and cultivating the rich diversity of European society on the basis of our common values, history and memory. Article 11 TEU requires that the Union institutions maintain an open, transparent and regular dialogue with civil society and, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.

(5) The Treaty on the Functioning of the European Union (TFEU) provides for the creation of an area of freedom, security and justice, with respect for fundamental rights and for the different legal systems and traditions of the Member States. Respect for and promotion of the rule of law, fundamental rights and democracy within the Union are prerequisites for upholding all rights and obligations enshrined in the Treaties, and for building people’s trust in the Union. The way in which the rule of law is implemented in the Member States plays a vital role in ensuring mutual trust among Member States and between their legal systems. To that end, the Union should adopt measures to develop judicial cooperation in civil and criminal matters. Respect for fundamental rights as well as for common principles and values, such as non-discrimination and equal treatment on the basis of any of the grounds listed in Article 21 of the Charter, in addition to solidarity, effective access to justice for all, the rule of law, democracy and a well-functioning independent judicial system, should be ensured and fostered at all levels as a European area of justice is further developed.

(6) Financing should remain one of the important tools for the successful implementation of the ambitious goals set by the Treaties. Among other measures, a flexible and effective Justice Programme is crucial in order to facilitate the planning and implementation of those goals. The Programme should be implemented in a user-friendly way, for example through a user-friendly application and reporting procedure, and it should aim at balanced geographical coverage. Particular attention should be paid to the accessibility of the Programme for all types of beneficiary. Within the financial envelope for the Programme, a certain flexibility in the allocation of the funds among specific objectives should be preserved. The flexibility margin should be allocated, as a priority, to actions which support the promotion of the rule of law.

(9) Full respect for the rule of law, and the promotion thereof, are essential for a high level of mutual trust in the area of justice and home affairs, and in particular for effective judicial cooperation in civil and criminal matters, which is based on mutual recognition. The rule of law is one of the common values enshrined in Article 2 TEU, and the principle of effective judicial protection provided for in Article 19(1) TEU and Article 47 of the Charter is a concrete expression of the rule of law. Promoting the rule of law by supporting efforts to improve the independence, transparency, accountability, quality and efficiency of national justice systems enhances mutual trust, which is indispensable for judicial cooperation in civil and criminal matters. Judicial independence and impartiality form part of the essence of the right to a fair trial and are key for the protection of European values. Furthermore, having efficient justice systems with reasonable time limits for proceedings serves legal certainty for all parties concerned.

(11) For the purposes of this Regulation, the term ‘judiciary and judicial staff’ should be interpreted widely to include judges, prosecutors, court and prosecutors’ office staff, as well as any other justice professionals associated with the judiciary or otherwise participating in the administration of justice, irrespective of the definition in national law, legal status or internal organisation, such as lawyers, notaries, bailiffs or enforcement officers, insolvency practitioners, mediators, court interpreters and translators, court experts, prison staff and probation officers.

(12) Judicial training can involve different actors, such as Member States’ legal, judicial and administrative authorities, academic institutions, national bodies responsible for judicial training, European-level training organisations or networks, or networks of court coordinators of Union law. Bodies and entities pursuing a general European interest in the field of training of the judiciary and judicial staff, such as the European Judicial Training Network (EJTN), the Academy of European Law (ERA), the European Network of Councils for the Judiciary (ENCJ), the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union (ACA-Europe), the Network of the Presidents of Supreme Judicial Courts of the European Union (EUSJC) and the European Institute of Public Administration (EIPA), play a continuing role in promoting training programmes with a genuine European dimension for the judiciary and judicial staff, and such bodies or entities could therefore be granted adequate financial support in accordance with the procedures and the criteria set out in the work programmes adopted by the Commission pursuant to this Regulation.

(13) The Programme should support the annual work programme of EJTN, which is an essential actor with regard to judicial training. The EJTN is in an exceptional situation, insofar as it is the only network at Union level bringing together the judicial training bodies of the Member States. It is in a unique position to organise exchanges for both new and experienced judges and prosecutors between all Member States, and to coordinate the work of the national judicial training bodies regarding the organisation of training activities on Union law and the promotion of good training practices. The EJTN is also a provider of training activities of excellent quality delivered in a cost-efficient manner at Union level. Moreover, it also includes the judicial training bodies of candidate countries as observer members. The EJTN annual report should include information on the training provided, disaggregated by, inter alia, staff category.

(14) Measures under the Programme should support enhanced mutual recognition of judgments and judicial decisions in civil and criminal matters, mutual trust between Member States and the necessary approximation of legislation to facilitate cooperation between all the relevant authorities, including by electronic means. The Programme should also support the judicial protection of individual rights in civil and commercial matters. It should also promote greater convergence in civil law, which will help to eliminate obstacles to satisfactory and efficiently functioning judicial and extrajudicial procedures for the benefit of all parties in a civil dispute. Finally, in order to support the effective enforcement and practical application of Union law on judicial cooperation in civil matters, the Programme should support the functioning of the European Judicial Network in civil and commercial matters established by Council Decision 2001/470/EC . In criminal matters, the Programme should help foster and implement rules and procedures for ensuring recognition of judgments and decisions throughout the Union. It should facilitate cooperation and contribute to eliminating obstacles to effective cooperation and to mutual trust. The Programme should also contribute to improving access to justice, by promoting and supporting the rights of victims of crime as well as the procedural rights of suspects and accused persons in criminal proceedings.

(15) Pursuant to Article 3 TEU, Article 24 of the Charter and the United Nations Convention on the Rights of the Child, the Programme should support the protection of the rights of the child and should mainstream the promotion of the rights of the child in the implementation of all of its actions. To this end, particular attention should be given to actions aimed at the protection of the rights of the child in the context of civil and criminal justice, including the protection of children accompanying parents in detention, children of imprisoned parents and children who are suspects or accused persons in criminal proceedings.