5 Amendments of Maria da Assunção ESTEVES related to 2003/0270(CNS)
Amendment 38 #
Recital 25
(25) The EEW should coexist with existing mutual assistance procedures, but such coexistence should be considered transitional until, in accordance with the Hague Programme, the types of evidence- gathering excluded from the scope of this Framework Decision are also the subject of a mutual recognition instrument, the adoption of which would provide a complete mutual recognition regime to replace mutual assistance procedures. The European Commission should at the earliest opportunity present proposals aimed at completing the framework for recognition of criminal evidence, while also consolidating the legislation already adopted. The Commission is also invited to boost efforts to harmonise the system for obtaining evidence in the Member States. Harmonisation represents the best foundation for cooperation in criminal matters.
Amendment 39 #
Article 4 − paragraph 6
Amendment 43 #
Article 12 − paragraph 1 a (new)
The issuing State shall require that the executing State record the data relating to the procedure for obtaining evidence from the time when the warrant is executed until its transfer to the issuing State.
Amendment 51 #
Article 18 - paragraph 1
1. Member States shall put in place the necessary arrangements to ensure that any interested party, including bona fide third parties, have legal remedies against the recognition and execution of an EEW pursuant to Article 11, in order to preserve their legitimate interests. Member States may limit the legal remedies provided for in this paragraph to cases in which the EEW is executed using coercive measures. In this context, the person concerned may in turn request further evidence, which may itself be the subject of an EEW. The action shall be brought before a court in the executing State in accordance with the law of that State.
Amendment 52 #
Article 23 − paragraph 1
1. Member States shall take the necessary measures to comply with the provisions of this Framework Decision by ... * and they shall do everything they can to agree on a Framework Decision on procedural safeguards for defendants, including in relation to the collection and admissibility of evidence, before that date. The Framework Decision on procedural safeguards shall even be a condition for the entry into force of this Framework Decision.