17 Amendments of Abir AL-SAHLANI related to 2019/2207(INI)
Amendment 17 #
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
- having regard to the case-law of the European Court of Human Rights and in particular its judgment of 9 July 2019 in the case Romeo Castaño v. Belgium;
Amendment 19 #
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas judicial cooperation in the Union is a relevant factor in achieving strategic autonomy and the environmental, social, economic and digital challenges posed;
Amendment 25 #
Motion for a resolution
Recital B
Recital B
B. whereas the EAW is in general a success and has replaced extraditions with transfers; whereas transfers have been shortened to 40 days on average where the individual does not consent;
Amendment 27 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas of the 150 000 EAWs issued between 2005 and 2016, only 43 000 were executed, and whereas refusal to execute an EAW is not unusual;
Amendment 30 #
Motion for a resolution
Recital D
Recital D
D. whereas mutual recognition is not new but was developed in the area of free movement of goods, persons, services and capital (Cassis de Dijon logic); whereas any move away from applying the principle of mutual recognition in criminal matters may have negative consequences and affect its application in other fields, such as the internal market;
Amendment 37 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the establishment of the EU mechanism on democracy, rule of law and fundamental rights will constitute a basis for recovery of this mutual trust; whereas the time has come to set out concrete ways of supporting mutual recognition in the implementation of the Framework Decision, binding its implementation to results stemming from the mechanism; whereas the inadequate and incoherent implementation of the Framework Decision by some Member States is not helping to reinforce this mutual trust;
Amendment 54 #
Motion for a resolution
Recital K
Recital K
K. whereas mutual recognition needs harmonisation ois facilitated if criminal material law and procedure are sufficiently harmonised; whereas progress has been made in the last few years, such as the six directives on procedural rights, Directive 2012/29/EU on victims’ rights20, and the harmonisation of criminal offences; _________________ 20 OJ L 315, 14.11.2012, p. 57.
Amendment 73 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points out that the EAW is a major achievement and an effective and indispensable instrument; states that the EAW has substantially improved cooperation on surrenders; points out, however, that in these 20 years the world has been going through a digital transformation that has changed crime's ecosystem, and advises an update of legal rights to be protected;
Amendment 77 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes the existence of particular problems; finds that these do not call the system into questionplace the system at risk, but they do need to be addressed to avoid certain blind spots that weaken the system; states that in addition to creating opportunities for citizens, the Schengen area and digital transformation have opened up new channels for the perpetration of criminal acts and facilitated the presence of transnational elements in many serious crimes;
Amendment 87 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that some issues were solved by a combination of soft law (EAW handbook), mutual assessments, the assistance of Eurojust, CJEU case law and supplementing legislation (Framework Decision 2009/299/JHA and Directive 2013/48/EU), although others continue to exist;
Amendment 92 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that the EAW should be enhanced as all Member States take part in it; recalls that any weakening of mutual recognition in criminal matters can only lead to its weakening in other areas, which would be prejudicial to tackling common policies, such as the internal market, effectively;
Amendment 113 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission to carry out a formal and substantive consistency assessment of the list of 32 categories not requiring a double criminality check; notes that greater legal certainty must be provided to all involved in implementation, thereby avoiding unnecessary disputes;
Amendment 185 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Reiterates the importance of an EU mechanism on democracy, the rule of law and fundamental rights, in the form of an interinstitutional agreement consisting of an annual independent and evidence-based review to assess the compliance of all EU Member States with Article 2 TEU, plus country-specific recommendations, so as to enhance mutual recognition between the Member States; stresses the importance of linking refused enforcement arising from a possible breach of fundamental rights with the annual results obtained through the mechanism;
Amendment 203 #
Motion for a resolution
Paragraph 32
Paragraph 32
32. Points out that shortcomings with the EAW can lead to a denial of access to justice and a lack of protection for victims; emphasises that impunity, as a result of deficiencies in judicial cooperation, has a very negative impact on the rule of law, judicial systems and society, public confidence in the institutions and the victims themselves;
Amendment 214 #
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Commission to provide for a coherent policy on mutual recognition to avoid different answers to the same issues and to formulate new mechanisms to ensure the uniform implementation of grounds for refused enforcement arising from a possible breach of fundamental rights;
Amendment 215 #
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Calls in particular for the establishment of mandatory grounds for refused enforcement arising from a possible breach of fundamental rights that are based on the results obtained through the EU mechanism on democracy, the rule of law and fundamental rights and that, in the interests of improved legal certainty, replace examination of each individual case by the Member State of enforcement; calls in addition for a system of precautionary measures to be incorporated into the Framework Decision in order to underpin the guarantees provided, thereby enhancing trust and mutual recognition between Member States where Article 7(1) or (2) of the TEU has been activated and confidence in the Member State concerned is being drastically eroded;
Amendment 216 #
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the Commission to conduct a cross-case study of instruments so as to prevent abnormalities, as with the rules on transfer of prisoners and EAWs; urges in particular that the practical implementation of the instrument in different countries be observed, with a view to identifying good practices that result in a high degree of compliance with warrants issued by certain countries and the specific difficulties encountered in countries where the level of non- compliance with European European arrest warrants is particularly high;