[ParlTrack]

Motion for a resolution
Citation 1

– having regard to the Treaty on the Functioning of the European Union (TFEU), and in particular t~~o Chapter 4 thereof on j~~he third part, Title V, Chapter 4, entitled ‘Judicial cooperation in criminal matters’,

2012/03/14
Committee: LIBE

Auke ZIJLSTRA

Motion for a resolution
Citation 1 a (new)

- having regard to the subsidiarity principle set out in Article 5 of the TFEU, which an ‘EU approach to criminal law’ violates;

2012/03/14
Committee: LIBE

Auke ZIJLSTRA

Motion for a resolution
Recital A

A. whereas in accordance with Article 3(2) of the Treaty on European Union (TEU) the Union shall offer its citizens an area of freedom, security and justice without internal borders, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to, inter alia, the prevention and combating of crime; notes, however, that the free movement of persons is currently causing a cross-border shift in criminal activity, in particular from Central and Eastern European to Western European Member States;

2012/03/14
Committee: LIBE

Auke ZIJLSTRA

Motion for a resolution
Recital F

F. whereas in view of its being able by its very nature to restrict certain human rights and fundamental freedoms of suspected, accused or convicted persons, in addition to the possible stigmatising effect of criminal investigations, and taking into account that excessive use of criminal legislation leads to a decline in efficiency, criminal law must be applied as a measure of last resort (ultima ratio) addressing clearly defined and delimited conduct, which cannot be addressed effectively by less severe measures and which causes significant damage to society or individuals;deleted

2012/03/14
Committee: LIBE

Auke ZIJLSTRA

Motion for a resolution
Recital J

J. ~~whereas~~regrets that the introduction of EU criminal law provisions is not confined to the area of freedom, security and justice but can relate to many different policies;

2012/03/14
Committee: LIBE

Auke ZIJLSTRA

Motion for a resolution
Recital M

~~M. whereas in order to facilitate cooperation in the field of criminal law between the Commission, the Council and Parliament, an inter-institutional agreement is called for;~~deleted

2012/03/14
Committee: LIBE

Auke ZIJLSTRA

Motion for a resolution
Paragraph 1

1. Stresses that proposals for EU ~~substantive criminal law~~ provisions must fully respect the principles of subsidiarity and proportionality; emphasises that these principles are frequently violated;

2012/03/14
Committee: LIBE

Auke ZIJLSTRA

Motion for a resolution
Paragraph 2 – introductory part

2. Emphasises that in this respect it is not sufficient to refer to abstract notions or to symbolic effects, but that the need for new substantive criminal law provisions must be demonstrated by substantial factual evidence making it clear that: – the criminal provisions focus on conduct causing significant damage to society or individuals, – there are no other, less severe measures available for addressing such conduct, – the crime involved is of a particularly serious nature with a cross-border dimension or has a direct negative impact on the effective implementation of a Union policy in an area which has been subject to harmonisation measures, – there is a special need to combat the criminal offence concerned on a common basis, i.e. that there is added practical value in a common EU approach, taking into account, inter alia, how widespread and frequent the offence is in the Member States and, – in conformity with Article 49(3) of the EU Charter on Fundamental Rights, the severity of the proposed sanctions is not disproportionate to the criminal offence;deleted

2012/03/14
Committee: LIBE

Auke ZIJLSTRA

Motion for a resolution
Paragraph 3 – indent 1

– the guilt principle ~~of individual guilt~~ (nulla poena sine culpa), thus prescribing penalties only for acts which have been committed intentionally, or in exceptional cases, for acts involving serious negligence,

2012/03/14
Committee: LIBE

Auke ZIJLSTRA

Motion for a resolution
Paragraph 3 – indent 2

– the ~~principle of~~ legal certainty principle (lex certa): the description of the elements of a criminal offence must be worded precisely to the effect that an individual ~~shall be able to predict actions that will make him/her~~can be informed in respect of which actions he or she can be held criminally liable,

2012/03/14
Committee: LIBE

Auke ZIJLSTRA

Motion for a resolution
Paragraph 4

4. Welcomes the recognition by the Commission in its recent Communication on an EU criminal law policy that the first step in criminal law legislation should always be to decide whether to adopt substantive criminal law measures at all;deleted

2012/03/14
Committee: LIBE

Auke ZIJLSTRA

Motion for a resolution
Paragraph 5

5. Encourages the Commission to continue to include in its impact assessments the necessity and proportionality test, as well as to introduce a test specifying how its proposals reflect the aforementioned general principles governing criminal law, as well as human rights and fundamental freedoms in general;deleted

2012/03/14
Committee: LIBE

Auke ZIJLSTRA

Motion for a resolution
Paragraph 6

~~6. Stresses the need for a more coherent and high-quality EU approach to criminal law and deplores the fragmented approach followed so far;~~deleted

2012/03/14
Committee: LIBE

Auke ZIJLSTRA

Motion for a resolution
Paragraph 7

7. Welcomes the existence of an inter- service coordination group on criminal law within the Commission and asks the Commission to provide Parliament with more specific information on its mandate and functioning;deleted

2012/03/14
Committee: LIBE

Auke ZIJLSTRA

Motion for a resolution
Paragraph 8

~~8. Calls for the designation of one Commissioner responsible for the coordination of all proposals which contain criminal law provisions, in order to ensure a coherent approach;~~deleted

2012/03/14
Committee: LIBE

Auke ZIJLSTRA

Motion for a resolution
Paragraph 9

9. ~~Welcom~~Notes the existence of a Council Working Party on Substantive Criminal Law and asks the Council to provide Parliament with specific information on how it relates to other Council working groups dealing with criminal law provisions in policy areas other than justice and home affairs;

2012/03/14
Committee: LIBE

Auke ZIJLSTRA

Motion for a resolution
Paragraph 10

10. Calls for an inter-institutional agreement on the principles and working methods governing proposals for future EU substantive criminal law provisions and invites the Commission and the Council to establish an inter-institutional working group in which these institutions and Parliament can draw up such an agreement and discuss general matters with a view to ensuring coherence in EU criminal law;deleted

2012/03/14
Committee: LIBE

Auke ZIJLSTRA

Motion for a resolution
Paragraph 11

11. Instructs its Bureau to examine how a coherent approach to EU legislation on substantive criminal law can best be ensured within Parliament and points in this respect to the current lack of a coordinating committee as well as to the important potential role of its Legal Service;deleted

2012/03/14
Committee: LIBE

Auke ZIJLSTRA

Motion for a resolution
Paragraph 12

12. Points out that a coherent approach requires Parliament, before adopting any legislative proposal on substantive criminal law, to have at its disposal a legal analysis of the proposal showing whether all the requirements mentioned in this Resolution have been fully met, or which improvements are still necessary;deleted

2012/03/14
Committee: LIBE

19 Amendments of Auke ZIJLSTRA related to 2010/2310(INI)

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