Activities of Panayiotis DEMETRIOU related to 2008/0803(CNS)
Plenary speeches (1)
European Judicial Network - Strengthening of Eurojust and amendment of Decision 2002/187/JHA - Application of the principle of mutual recognition to judgments in criminal matters (debate)
Amendments (16)
Amendment 43 #
Proposal for a decision – amending act
Recital 4
Recital 4
(4) It is therefore necessary to provide clear and common solutions which define the grounds for refusal of the execution of a decision rendered in absentia and the discretion left to the executing authority.
Amendment 45 #
Proposal for a decision – amending act
Recital 6
Recital 6
(6) Common solutions on grounds for refusal in the relevant existing Framework Decisions should take into account the diversity of situations with regard to the right to informing the accused personperson concerned of his right to a retrial or to appeal and of his rights to a retrialparticipate in such retrial or appeal and have the merits of the case, including fresh evidence re-examined, with the possibility that the original decision may be quashed.
Amendment 49 #
Proposal for a decision – amending act
Article 2 – point 1
Article 2 – point 1
Framework Decision 2002/584/JHA
Article 1 – paragraph 4
Article 1 – paragraph 4
4. For the purpose of this Framework Decision, "decision rendered in absentia" shall mean a custodial sentence or a detention order when the person did not personally appear in the court proceedings resulting in that decision.
Amendment 50 #
Proposal for a decision – amending act
Article 2 – point 2
Article 2 – point 2
Framework Decision 2002/584/JHA
Article 4a – point a
Article 4a – point a
(a) was summoned in person or duly informed in accordance with the national law of the issuing Member State through a competent representative or other means and in due time, of the scheduled date and place of the hearingtrial which led to the decision rendered in absentia and informed about the fact that such a decision may be handed down in case the person does not appear for the trial;
Amendment 53 #
Proposal for a decision – amending act
Article 2 – point 2
Article 2 – point 2
Framework Decision 2002/584/JHA
Article 4a – point c – point i
Article 4a – point c – point i
(i) will be personally served with it at the latest on the fifthimmediately and in any event not later than three days after the surrender and will be expressly informed about the right to a retrial andor to be present at that trialappeal and participate in the hearing;
Amendment 54 #
Proposal for a decision – amending act
Article 2 – point 2
Article 2 – point 2
Framework Decision 2002/584/JHA
Article 4a – point c – point ii
Article 4a – point c – point ii
(ii) will have at least […]¹ daysthe right to request a retrial. ¹ Period to be provided or appeal within the applicable timeframe.
Amendment 57 #
Proposal for a decision – amending act
Article 2 – point 4
Article 2 – point 4
Framework Decision 2002/584/JHA
Annex – box d – point 2.3.2 –indent 1
Annex – box d – point 2.3.2 –indent 1
– the person will be served with the decision rendered in absentia within … days after the surrenderpersonally served immediately, but in any event not later than three days after the surrender, with the decision rendered in absentia ; and
Amendment 59 #
Proposal for a decision – amending act
Article 3 – point 1
Article 3 – point 1
Framework Decision 2005/214/JHA
Article 1 – point e
Article 1 – point e
(e) "Decision rendered in absentia" shall mean a decision as defined in (a) when the person did not personally appear in the court proceedings resulting in that decision.
Amendment 60 #
Proposal for a decision – amending act
Article 3 – point 2 - subpoint b
Article 3 – point 2 - subpoint b
Framework Decision 2005/214/JHA
Article 7(2) – point i – subpoint i
Article 7(2) – point i – subpoint i
(i) was summoned in person or duly informed in accordance with the national law of the issuing State through a competent representative or other meands in due time, of the scheduled date and place of the hearingtrial which led to the decision rendered in absentia and informed about the fact that such a decision may be handed down in case the person does not appear for the trial; or
Amendment 61 #
Proposal for a decision – amending act
Article 3 – point 2 – subpoint b
Article 3 – point 2 – subpoint b
Framework Decision 2005/214/JHA
Article 7(2) – point i – subpoint iii
Article 7(2) – point i – subpoint iii
(iii) after being served with the decision rendered in absentia and being duly informed about the right to a retrial and to be present at that trialor appeal and to participate in the hearing:
Amendment 62 #
Proposal for a decision – amending act
Article 4 – point 2
Article 4 – point 2
Framework Decision 2006/783/JHA
Article 8(2) – point e – subpoint i
Article 8(2) – point e – subpoint i
(i) was summoned in person or duly informed in accordance with the national law of the issuing State through a competent representative or other means and in due time, of the scheduled date and place of the hearing which led to the decision rendered in absentia and informed about the fact that such a decision may be handed down in case the person does not appear for the trial; or
Amendment 63 #
Proposal for a decision – amending act
Article 4 – point 2
Article 4 – point 2
Framework Decision 2006/783/JHA
Article 8(2) – point e – subpoint ii
Article 8(2) – point e – subpoint ii
- did not request a retrial or appeal in the applicable timeframe which was of at least […]¹ days. ¹ Period to be provided.
Amendment 64 #
Proposal for a decision – amending act
Article 5 – point 2
Article 5 – point 2
Framework Decision 2008/.../JHA
Article 9(1) – point f
Article 9(1) – point f
(f) according to the certificate provided for in Article 4, the decision was rendered in absentia, unless the certificate states that, in accordance with the national law of the issuing Member State, the person:
Amendment 65 #
Proposal for a decision – amending act
Article 5 – point 2
Article 5 – point 2
Framework Decision 2008/.../JHA
Article 9(1) – point f – subpoint i
Article 9(1) – point f – subpoint i
(i) was summoned in person or duly informed in accordance with the national law of the issuing State through a competent representative or other means and in due time, of the scheduled date and place of the hearing which led to the decision rendered in absentia and informed about the fact that such a decision may be handed down in case the person does not appear for the trial; or
Amendment 66 #
Proposal for a decision – amending act
Article 5 – point 3
Article 5 – point 3
Framework Decision 2008/.../JHA
Annex – box k – point 1– subpoint b.1 – first paragraph
Annex – box k – point 1– subpoint b.1 – first paragraph
b.1 the person was summoned in person or duly informed in accordance with the national law of the issuing State through a competent representative or other means and in due time, of the scheduled date and place of the hearing which led to the decision rendered in absentia and informed about the fact that such a decision may be handed down in case the person does not appear for the trial
Amendment 67 #
Proposal for a decision – amending act
Article 5 a (new)
Article 5 a (new)