26 Amendments of Jorge BUXADÉ VILLALBA related to 2019/2207(INI)
Amendment 16 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2. a Considers in this regard that when there is compliance with these obligations, the instrument should work on the basis of mutual recognition, and therefore any exception to this should always be interpreted restrictively;
Amendment 17 #
Draft opinion
Paragraph 3
Paragraph 3
Amendment 23 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses that the four fundamental freedoms and the objective of a stronger EU requires trust in the Member States’ judicial and penitentiary systems, believes that the FDEAW is a key mechanism to accomplish that objective and therefore its efficiency, celerity and the respect of the decisions of national judges should be improved;
Amendment 24 #
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that further horizontal measures need to be adopted in order to increase mutual confidence in national criminal justice systems, thereby leading tochanges on the FDEAW need to be adopted as soon as possible, intending to achieve more efficient judicial cooperation;
Amendment 24 #
Motion for a resolution
Recital B
Recital B
B. whereas the EAW is a success and has replaced extraditions with transfers; whereas transfers have been shortened to 40 days on average where the individual does not consent although there is a tendency in some Member States to delay or fail to comply with mutual recognition requirements;
Amendment 30 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4. a Highlights that mutual recognition of court decisions in criminal matters is key to ensure the functioning of the Schengen area and its permanence in the future;
Amendment 31 #
Draft opinion
Paragraph 5
Paragraph 5
Amendment 42 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas membership of the European Union implies respect for a set of values such as human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, as laid down in both Article 2 of the Treaty on European Union and in Member States' legal systems, in compliance therewith;
Amendment 50 #
Motion for a resolution
Recital J
Recital J
J. whereas double criminality is a concept of international extradition and is scarcely compatible with mutual recognition; whereas the list of offences without a double criminality check should be reassessed and broadened; whereas in its initial proposal, the Commission sought an exhaustive list for which surrender could be refused (‘negative list’);
Amendment 55 #
Motion for a resolution
Recital K
Recital K
K. whereas mutual recognition needs harmonisation of criminal material law and procedure; whereas progress has been made in the last few yearsprogress has been made in the last few years with regard to harmonisation of criminal material law and procedure, 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 76 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points out that the EAW is a major achievement and an effective and indispensable instrument for the maintenance of the Schengen area; states that the EAW has substantially improved cooperation on surrenders;
Amendment 80 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes the existence of particular problems; finds that these do not call the system into question but show that it has to be improved and updated;
Amendment 91 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that the EAW should be enhanced as all Member States take part in itnd improved, making it more effective, immediate and respectful of national courts' decisions, as the four fundamental freedoms and the aim of a stronger Union require that Member States fully trust the legal systems and prison systems of the other Member States, for which this mechanism is essential;
Amendment 106 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to provide for understandable data as the existing data is confusing and can offer a false impression of the (non)efficiency of EAWs; calls on Member States to collect and transfer reliable and updated data to the Commission;
Amendment 123 #
11. Calls on the Commission to analyse common offences in the Member States and to assess the possibility of expanding the list of offences that do not require a double criminality check; highlights the importance of assessing the inclusion of additional offences such as particular environmental crimes (e.g. ship-source pollution offences), hate crimes, sexual abuse, offences committed through digital means such as identity theft, offences against public order and the constitutional integrityprovisions of the Member States, crimes of genocide, crimes against humanity and war crimes;
Amendment 128 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to analyse the possibility of reducing the three-year threshold in Article 2(2) of the EAW for certain offences, such as trafficking in human beings and sexual exploitation of children and, child pornography and terrorism;
Amendment 142 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the importance of defining more precisely the duties and competencies of the bodies involved in EAW procedures and ensuring that they are specialised and have practical experience; affirms that a broad margin of discretion for the executing authority is scarcely compatible withruns counter to mutual recognition; considers that discretion should be limited in cases of double criminality;
Amendment 152 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Member States to provide flexibility forintroduce the necessary mechanisms to avoid delays or obstructions in connection with official EAW language regimes;
Amendment 154 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to provide for a uniform application and effective monitoring of time limits, establishing the principle of favourable enforcement, under which failure by the recipient Member State to resolve the matter as instructed within a reasonable deadline will produce an outcome favourable to victims, upholding their right to damages and preventing unjustified delays and exemptions from slowing down proceedings;
Amendment 164 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission, in cooperation with the Member States, to launch a training platform for experts and practitioners on mutual recognition instruments, including the EAW; affirms that it should provide them with knowledge about the close relationship between instruments, including a common space to exchange experiences;
Amendment 171 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission to take account of the opinions of national parliaments in line with Protocol 2, as their participation provides a democratic check on EU criminal law;
Amendment 174 #
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 184 #
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 192 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission to issuerecommend to the Member States supplementing instruments on procedural rights, such as on admissibility and prison conditions in pre-trial detention, matching or surpassing CoE standards, including time limits on pre-trial detention; states that the Commission should aim for the highest standards;
Amendment 210 #
Motion for a resolution
Paragraph 33
Paragraph 33
33. States that the EAW is effectivere is room for improvement regarding the effectiveness of the EAW; believes, however, that the main issue relates to coherence;
Amendment 224 #
Motion for a resolution
Paragraph 37
Paragraph 37