7 Amendments of Kinga GÖNCZ related to 2010/0817(COD)
Amendment 60 #
Draft directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Judicial cooperation is based on mutual trust in each others' judicial system that requires a well functioning, independent and impartial judiciary system without any political interference in all Member States.
Amendment 76 #
Draft directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Directive shall not have the effect of modifying the obligation to respect the fundamental rights and legal principles as enshrined in Article 6 of the Treaty on European Union, and as well as the right to defence - including access to a lawyer in all stages of the proceedings-, effective remedy and fair trial by an independent and impartial tribunal as enshrined in Article 47 and 48 of the Charter of Fundamental Rights of the European Union. Any obligations incumbent on judicial authorities in this respect shall remain unaffected. This Directive shall likewise not have the effect of requiring Member States to take any measures which conflict with their constitutional rules relating to freedom of association, freedom of the press and freedom of expression in other media.
Amendment 77 #
Draft directive
Article 2 – paragraph 1 – point a – point i
Article 2 – paragraph 1 – point a – point i
(i) a judge, a court, an investigating magistrate or a public prosecutor competent in the case concerned and acting with full independence and impartiality; or
Amendment 117 #
Draft directive
Article 10 – paragraph 1 – point a a (new)
Article 10 – paragraph 1 – point a a (new)
(aa) where the principle of independence and impartiality of the court has been breached;
Amendment 118 #
Draft directive
Article 10 – paragraph 1 – point a b (new)
Article 10 – paragraph 1 – point a b (new)
(ab) where there is a clear evidence that the fundamental rights of the person subject to criminal proceeding have not been respected, the right to access to lawyer, and the right to interpretation - where applicable - have not been granted;
Amendment 151 #
Draft directive
Article 19 – paragraph 2 – point b a (new)
Article 19 – paragraph 2 – point b a (new)
Amendment 163 #
Draft directive
Article 20 – paragraph 2 – point b a (new)
Article 20 – paragraph 2 – point b a (new)
(ba) the detention conditions in the executing state are not sufficient to guarantee fundamental rights.