9 Amendments of Tineke STRIK related to 2019/2207(INI)
Amendment 38 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas mutual trust requires Member States to be complying with EU law and particularly with the fundamental rights recognised by the Charter and the rule of law; whereas judicial independence is a fundamental requirement and should always be guaranteed; whereas, according to the Commission 2020 Rule of Law Report, judicial independence remains an issue of concern in some Member States;
Amendment 70 #
Motion for a resolution
Recital Q
Recital Q
Q. whereas a harmonised EAW implementation, together with the full and correct implementation of the procedural rights Directives, an enhanced use of alternative measures to the EAW and the establishment of EU minimum standards such as on prison and detention conditions, will prevent forum shopping;
Amendment 102 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights that according to the CJEU, the refusal to execute an EAW is an exception to mutual recognition and must be interpreted strictlypossible where one of the grounds for non–recognition (Articles 3, 4 and 4a EAW FD) or one of the guarantees (Article 5 EAW FD) applies; notes that limitations may be placed in exceptional circumstances to the principles of mutual recognition and mutual trust on the basis of Article 1(3) EAW FD; notes that a real risk of breach of the fundamental right to an independent tribunal and, therefore, of the essence of the fundamental right to a fair trial (Article 47(2) Charter) is capable of permitting the executing judicial authority to refrain from giving effect to an EAW26 ; _________________ 26 See, for example, Case C-216/18 PPU, Minister for Justice and Equality.
Amendment 116 #
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Highlights that in order to be effective, the principle of mutual recognition must be premised upon mutual trust which can only be achieved if respect for the fundamental rights of suspects and accused persons and procedural rights in criminal proceedings are guaranteed throughout the Union; recalls the importance of implementing the procedural rights Directives with a view to guarantee the right to a fair trial; in this regard, urges the Commission to ensure their full and correct implementation and to consider launching infringement proceedings where necessary;
Amendment 195 #
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Is concerned about prison conditions in certain Member States and recalls that deprivation of liberty does not equate to deprivation of dignity; welcomes in this regard the new Criminal Detention Database of FRA and considers it a first positive step for a better common assessment of prison conditions in the EU2a; _________________ 2a https://fra.europa.eu/en/databases/crimin al-detention/criminal-detention/home
Amendment 196 #
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29 b. Believes that the absence of minimum standards on prison conditions and pre-trial detention at the EU level, and of the limitation of the use of pre-trial detention as a measure of last resort and of consideration of alternatives, coupled with the lack of proper assessment of whether the case is trial-ready, can lead to unjustified and excessive periods of suspects and accused persons in pre-trial detention; recalls that this situation has been further exacerbated by the Covid-19 pandemic;
Amendment 197 #
Motion for a resolution
Paragraph 29 c (new)
Paragraph 29 c (new)
29 c. Considers that an efficient long- term management of penitentiary systems should be implemented, reducing the number of prisoners by more frequent use of non-custodial punishments, such as community service, financial penalties or electronic monitoring; stresses that alternative measures to detention should be considered throughout the whole criminal justice chain; calls on the Commission to step up efforts in this direction and to set up a EU monitoring mechanism on prison and detention conditions;
Amendment 207 #
Motion for a resolution
Paragraph 32 c (new)
Paragraph 32 c (new)
32 c. Considers that the challenges identified due to the incorrect or incomplete implementation of the procedural rights Directives not only undermine mutual trust but are also costly in social and economic terms to the individuals concerned, their families, and society as a whole;
Amendment 230 #
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37 a. Recalls that the aim of the minimum criminal procedural safeguards laid down in the procedural rights Directives is to ensure a fair trial; highlights that the right to a fair trial is of cardinal importance as a guarantee that the fundament rights of individuals and the rule of law will be safeguarded; highlights that procedural rights compliance must be a pre-condition for executing any EAW; recalls that increased safeguards are needed to prevent abuse of EAWs;