13 Amendments of Simon BUSUTTIL related to 2010/2309(INI)
Amendment 1 #
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA,
Amendment 8 #
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the annual reports of the European Monitoring Centre for Drugs and Drug Addiction on the state of the drugs problem in Europe,
Amendment 17 #
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
- having regard to the report from the Commission to the European Parliament and to the Council based on Article 8 of Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to, crime (COM(201)176),
Amendment 82 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Member States to clarify their political will to combat organised crime, first and foremost by strengtheningby comparing – constructively – the legislation and resources designed to support the activities of their judicial authorities and police forces based on the best current experience and by assigning adequate human and financial resources for that purpose;
Amendment 96 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the adoption of Directive 2011/36/EU on preventing and combating trafficking in human beings, a phenomenon often related to the activities of organised crime in the form of the exploitation of prostitution and labour, the removal of organs and enslavement;
Amendment 105 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is dissatisfied with the extremely limitedWishes to see an ever-increasing impact on the legislative systems of the Member States of Framework Decision 2008/841/JHA on organised crime, which has not made any significantheralding a further improvement to national laws or to operational cooperation to counter organised crime; stresses, therefore, the need to review and strengthen the legislative framework and calls on the Commission to submit, by the end of 20123, a proposal for a directive which contains a less general definition of organised crime and manages better to identify the key features of the phenomenon, with due regard, however, for the different and specific characteristics of the various national legal systems; requests that, as regards the offence of membership of a criminal organisation, whilst showing due respect for different legislative systems, the abolition of the current dual approach (which criminalises both membership and conspiracy) be proposed and a range of habitual offences committed by organised crime be identified, which, regardless of the maximum sentence permitted intypical behaviours which, in the legal system of the Member States, could be deemed to constitute such a criminal offence;
Amendment 125 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the importance of providing appropriate protection for the victims of organised crime, witnesses, informers and their families and calls on the Commission to submit, as soon as possible, a legislative proposal on this issue, the subject of which should be not only victims and their families but also witnesses and informers; calls for all types of victim to be treated equally (in particular the victims of organised crime, of duty and of terrorism) and for the protection of court witnesses to be extended over and beyond the duration of the court proceedings; proposes establishing a European fund for the protection of victims and court witnesses; in this connection, welcomes the adoption by some Member States of legislative provisions designed to improve the protection of witnesses and informers in cases related to organised crime, for example through the introduction of remote court hearings, legal appeals against measures to amend or revoke special protection measures for informers, and the exclusion of protection programmes from automatic suspension;
Amendment 157 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reiterates its firm support for the implementation of Article 86 of the Treaty on the Functioning of the European Union concerning the establishment of a European Public Prosecutor’s Office and calls on the Commission to arrange, as soon as possible, an impact assessment on the added value of this institution, considering as bethe possibility of extending within its scope boths remit (which covers the protection of the EU’s financial interests and) to include the combating of serious cross-border organised crime, as provided for under Article 86(4) of the Treaty on the Functioning of the European Union; reiterates its request that the Commission immediately launch debates and consultations with the parties concerned, including civil society, on the establishment of the European Public Prosecutor’s Office and make all the necessary arrangements to set up the appropriate institutional infrastructure, giving Eurojust full powers and consolidating, clarifying and simplifying its relations with key players such as the European Judicial Network, OLAF and Europol and with individual national judicial and administrative institutions;
Amendment 173 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Is in favour of closer cooperation between Member States on recognition and proper execution of seizure and confiscation orders, which are effective means of combating organised crime and attacking the assets generated by such crime;
Amendment 198 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for, with all due respect for fundamental rights, stricter sentencethe introduction of an appropriate system of penalties and suitable detention provisions for offences relating to organised crime and harsher prison conditions, both to discourage the commission of offences and to prevent prisoners from continuing to lead organisations during their sentences or from helping them to achieve their aims by committing further crimes; looks favourably, therefore, on the legal provisions establishing harsher penalties for the offence of mafia association that some Member States introduced very recently;
Amendment 225 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Stresses that organised crime uses communication and information technologies for illegal purposes, to commit offences involving identity theft, cybercrime, illegal gambling and rigged sports events; calls, in this connection, for the development of a coherent European legislative framework;
Amendment 229 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission carefully to monitor the transposition by the Member States of the EU directive on the protection of the environment through criminal law, to ensure that it is done promptly and effectively; requests that clarification be given by the EU institutions, to avoid problems of interpretation in the courts of the Member States, as to the civil liability of legal persons provided for in Directive 2008/99/EC; calls on the Commission to submit a proposal to extend to the EU Italy’s positive experience with the offence of ‘organised illegal waste trafficking’, as provided for in Article 260 of Legislative Decree 152/06calls on the Commission to submit a proposal to extend to the EU Italy’s positive experience with the offence of ‘organised illegal waste trafficking’, as provided for in Article 260 of Legislative Decree 152/06, bearing in mind that, in order to afford increased protection, under Article 11 of the recently enacted Act No 136/2011 such trafficking is now classed as an offence with a major social impact (and thus dealt with by the District Anti-Mafia Bureau);
Amendment 237 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Urges the Member States and the EU institutions to give due consideration to the fact that organised crime is continuing to further its own activities and interests, including by means of drug trafficking, and endeavouring to extend the global market in illegal drugs to new markets and new substances;