Activites

• 2005/03/22 Final act published in Official Journal
• #2642
• 2005/02/24 Council Meeting
• 2005/02/24 End of procedure in Parliament
• 2005/02/24 Act adopted by Council after consultation of Parliament
• #2504
• 2003/05/08 Council Meeting
  • 2504 summary

    The Council, subject to parliamentary scrutiny reservations by some delegations and the opinion of the European Parliament, reached a general approach on the draft Framework Decision on the application of the principle of mutual recognition to financial penalties. To recall, the aim of this Framework Decision is to apply the principle of mutual recognition to financial penalties imposed by judicial or administrative authorities. In doing so, the list of offences included in the Framework Decision will give rise to recognition and enforcement without verification of the double criminality, if they are punishable in the issuing State and when the financial penalty is above 70 euros. The list of offences include the offences appearing on the corresponding list in the Framework Decision on the European arrest warrant. Other offences such as road traffic offences are also covered by the Framework Decision. The Council will formally adopt the Framework Decision at one of its next forthcoming meetings, once some outstanding details have been examined and the text has been revised by the legal-linguistic Working Party.�

• #2489
• 2003/02/27 Council Meeting
  • 2489 summary

    The Council, on the basis of a Presidency compromise text, examined the proposal on the Framework Decision on the application of the principle of mutual recognition to financial penalties. Delegations commented mainly on the list of offences for which double criminality will not apply. As the original compromise text which was discussed at the Justice and Home Affairs Council on 19 December 2002, the new Presidency text follows the approach that the Framework Decision should cover all offences and that, as regards the offences listed in the Framework Decision as well as road traffic offences, the principle of double criminality will not apply. The Council instructed its relevant bodies to pursue work on the draft Framework Decision with a view to reaching an agreement at one of its forthcoming meetings.�

• #2477
• 2002/12/19 Council Meeting
  • 2477 summary

    The Council agreed that the Presidency's text on the draft Framework decision on the application of the principle of mutual recognition to financial penalties should be considered as a good basis for reaching an agreement on this issue in the near future. It is recalled that, at its meeting on 14 and 15 October 2002, the Council agreed on the definitions of the proposal (Article 1): "decision", "financial penalty", "issuing State" and "executing State". This established a clear reference point for the purpose of the further examination of a number of key Articles. The Council, at that meeting, also confirmed that the Framework Decision would not have the effect of amending the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on European Union.�

• #2469
• 2002/11/28 Council Meeting
  • 2469 summary

    The Council, on the basis of a Presidency compromise text, held a debate on the main outstanding questions of the draft Framework Decision on the application of the principle of mutual recognition to financial penalties. The Council mainly focused its debate on the question of the application or otherwise of the principle of double criminality. According to this principle, the competent authority in a Member State for executing a decision might oppose the recognition and execution of such a decision if it could be established that the behaviour which led to the imposition of the financial penalty had not been committed in the State issuing the penalty and was not considered as an offence in the State which was requested to execute the penalty. In the light of the discussions, the Council instructed its relevant bodies to further examine the proposal on the basis of the Presidency text which was consider, by the majority of delegations, as a good basis for reaching an agreement in the near future.�

• #2455
• 2002/10/14 Council Meeting
  • 2455 summary

    The Council held an orientation debate on certain key questions identified by the Presidency concerning the draft Council Framework Decision on the application of the principle of mutual recognition to financial penalties. The debate focused on definitions, fundamental rights, the principle of double criminality and time limitation, as well as the level of the financial penalty. Following the debate, the Council agreed on the definitions of the proposal (Article 1): "decision", "financial penalty", "issuing State" and "executing State". The Council also confirmed that the Framework Decision would not have the effect of amending the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on European Union. Concerning the principle of double criminality, the Council, while expressing support for the Presidency's text, was of the view that further clarification was needed before reaching an agreement on this issue. Finally, the Council instructed its relevant bodies to continue work on the draft Framework Decision, with a view to reaching political agreement in a forthcoming session of the Council. �

• 2002/01/17 Decision by Parliament, 1st reading/single reading
  • T5-0019/2002 summary

    The European Parliament adopted the initiative by Mrs Carmen CERDEIRA MORTERERO (PES,E). (Please refer to the decision of the committee responsible 04/12/01). Moreover, Parliament adopted an amendment which states that if a Member State has several contact points of the European judicial network, it should nominate one as coordinator, in the case where the Issuing State needs to make inquiries. �

• 2001/12/04 Vote in committee, 1st reading/single reading
  • A5-0444/2001
• 2001/10/01 Committee referral announced in Parliament, 1st reading/single reading
• 2001/09/12 Legislative proposal published
  • 11178/2001 summary

    PURPOSE : to present the initiative of the United Kingdom, France and Sweden with a view to adopting a Council Framework Decision on the application of the principle of mutual recognition to financial penalties. CONTENT : the European Council meeting in Tampere on 15 and 16 October 1999 endorsed the principle of mutual recognition, which should become the cornerstone of judicial cooperation in both civil and criminal matters within the Union. The principle of mutual recognition should apply to financial penalties imposed by judicial or administrative authorities. On 29 November 2000 the Council adopted a programme of measures to implement the principle of mutual recognition, giving priority to the adoption of an instrument applying the principle of mutual recognition to financial penalties. Decisions requiring financial penalties to be paid have to be taken in accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950. The proposed Framework Decision deals with issues such as: - definitions of "judgement" and "financial penalty"; - transmission of judgements; - recognition and enforcement of judgements; - reasons for non-enforcement; - determination of the amount to be paid; - laws governing enforcement; - imprisonment by way of substitution for non-recovery of the financial penalty; - amnesty, pardon, commutation and review of sentence; - termination of enforcement; - accrual of monies obtained from enforcement of judgements; - consequences of transmission of a judgement; - relationship with other agreements and arrangements.�

  • DG [{'url': 'http://ec.europa.eu/justice/', 'title': 'Justice'}],

Documents

• Legislative proposal published: 11178/2001
• Committee report tabled for plenary, 1st reading/single reading: A5-0444/2001
• Decision by Parliament, 1st reading/single reading: T5-0019/2002
• Debate in Council: 2455
• Debate in Council: 2469
• Debate in Council: 2477
• Debate in Council: 2489
• Debate in Council: 2504

History

(these mark the time of scraping, not the official date of the change)