BETA


2005/2003(INI) The quality of criminal justice in the European Union

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE COSTA António (icon: PSE PSE)
Lead committee dossier:
Legal Basis:
RoP 134o-p3

Events

2005/03/31
   EC - Commission response to text adopted in plenary
Documents
2005/02/22
   EP - Text adopted by Parliament, single reading
Details

In adopting the report by António COSTA (PES, PT), the European Parliament approves a series of recommendations with an aim to achieving better standards of criminal justice in the different Member States. These recommendations are as follows:

- immediately initiate a European Union action to enable European citizens throughout the Union, whatever the legal and constitutional set-up of the Member State in which they find themselves, to enjoy the right to justice in both comparable conditions and on the basis of ever-higher quality standards, thus acquiring greater trust in the administration of justice;

- define with the Member States a 'Quality Charter for Criminal Justice in Europe' to serve as a common reference framework for all the Member States and ensure consistent and objective evaluation; this Charter should be drawn up taking due account of the experiences acquired and work done at national level, as well as at international level by the Council of Europe and the United Nations,

- in order to strengthen mutual trust between national legal systems, while respecting their diversity, establish a mechanism for ongoing mutual evaluation, with the Quality Charter as its objective reference framework, taking account of experiences in other areas in which mutual evaluation is already operational (Schengen, terrorism, enlargement, etc);

- formally set up the mutual evaluation mechanism (procedures, structures, indicators, reports, etc.) on the basis of one or more decisions pursuant to Article 31 of the Treaty on European Union implementing the principles contained in the case law of the Strasbourg and Luxembourg Courts and the guidelines laid down by the Council of Europe's Commission for the Efficiency of Justice

- involve judges' and lawyers' associations, legal experts, users of the legal system, and the national parliaments in this evaluation, for example by setting up a monitoring committee on the quality of justice, in the spirit of Article I-42(2) of the Constitutional Treaty and in accordance with the principle of subsidiarity; this evaluation could be conducted jointly by the European Parliament and the national parliaments;

- recognise that the creation of an area of freedom, security and justice based on mutual trust is not possible without a minimum of harmonisation of national legislation; with regard to substantive criminal law, Parliament agrees with the Council that priority should be given to the offences expressly referred to in the Constitutional Treaty; with regard to procedural law, the following subjects should have priority;

- call on the Commission immediately to incorporate the "Quality Charter for Criminal Justice in Europe", the mutual evaluation mechanism and supplementary measures for the harmonisation of certain criminal provisions into the Action Plan which it is due to submit in 2005 in accordance with the Hague Programme; note, in this connection, that Parliament joins the European Council in recommending that the Commission adopt the provisions contained in the Treaty establishing a Constitution for Europe as the reference framework for the Action Plan.

2005/02/22
   EP - Results of vote in Parliament
2005/02/22
   EP - Decision by Parliament
Details

In adopting the report by António COSTA (PES, PT), the European Parliament approves a series of recommendations with an aim to achieving better standards of criminal justice in the different Member States. These recommendations are as follows:

- immediately initiate a European Union action to enable European citizens throughout the Union, whatever the legal and constitutional set-up of the Member State in which they find themselves, to enjoy the right to justice in both comparable conditions and on the basis of ever-higher quality standards, thus acquiring greater trust in the administration of justice;

- define with the Member States a 'Quality Charter for Criminal Justice in Europe' to serve as a common reference framework for all the Member States and ensure consistent and objective evaluation; this Charter should be drawn up taking due account of the experiences acquired and work done at national level, as well as at international level by the Council of Europe and the United Nations,

- in order to strengthen mutual trust between national legal systems, while respecting their diversity, establish a mechanism for ongoing mutual evaluation, with the Quality Charter as its objective reference framework, taking account of experiences in other areas in which mutual evaluation is already operational (Schengen, terrorism, enlargement, etc);

- formally set up the mutual evaluation mechanism (procedures, structures, indicators, reports, etc.) on the basis of one or more decisions pursuant to Article 31 of the Treaty on European Union implementing the principles contained in the case law of the Strasbourg and Luxembourg Courts and the guidelines laid down by the Council of Europe's Commission for the Efficiency of Justice

- involve judges' and lawyers' associations, legal experts, users of the legal system, and the national parliaments in this evaluation, for example by setting up a monitoring committee on the quality of justice, in the spirit of Article I-42(2) of the Constitutional Treaty and in accordance with the principle of subsidiarity; this evaluation could be conducted jointly by the European Parliament and the national parliaments;

- recognise that the creation of an area of freedom, security and justice based on mutual trust is not possible without a minimum of harmonisation of national legislation; with regard to substantive criminal law, Parliament agrees with the Council that priority should be given to the offences expressly referred to in the Constitutional Treaty; with regard to procedural law, the following subjects should have priority;

- call on the Commission immediately to incorporate the "Quality Charter for Criminal Justice in Europe", the mutual evaluation mechanism and supplementary measures for the harmonisation of certain criminal provisions into the Action Plan which it is due to submit in 2005 in accordance with the Hague Programme; note, in this connection, that Parliament joins the European Council in recommending that the Commission adopt the provisions contained in the Treaty establishing a Constitution for Europe as the reference framework for the Action Plan.

Documents
2005/02/22
   EP - End of procedure in Parliament
2005/02/21
   EP - Debate in Parliament
2005/02/09
   EP - Committee report tabled for plenary, single reading
Documents
2005/02/09
   EP - Committee report tabled for plenary
Documents
2005/02/01
   EP - Vote in committee
Details

The committee adopted the own-initiative report by António COSTA (PES, PT) containing a series of recommendations to the Council for achieving better standards of criminal justice in the different Member States:

- "a Quality Charter for Criminal Justice in Europe" should be drawn up to serve as a common reference framework for all EU countries;

- in order to strengthen mutual trust between national legal systems, a mechanism should be established for ongoing mutual evaluation, including the establishment of a comparative statistical database, benchmarking exercises, sharing of best practice, annual publication of an evaluation report and the setting up of a monitoring committee on the quality of justice;

- with regard to procedural law, priority should be given to harmonising national legislation in such areas as the minimum rights of prisoners, the possibility for them to serve their sentence in their Member State of residence, the gathering and assessment of evidence, transparency in the administration of justice and the system for protecting the depositions of witnesses and victims.

Finally, the report urged the Commission to incorporate the proposed Quality Charter for Criminal Justice and mutual evaluation mechanism into the Action Plan it is due to submit in 2005.

2005/01/13
   EP - Committee referral announced in Parliament
2004/12/15
   EP - Non-legislative basic document
Documents
2004/12/14
   EC - Non-legislative basic document published
Documents
2004/09/13
   EP - COSTA António (PSE) appointed as rapporteur in LIBE

Documents

History

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

docs/1
date
2005-01-06T00:00:00
docs
title: PE353.321
type
Committee draft report
body
EP
docs/2
date
2005-01-20T00:00:00
docs
title: PE353.464
type
Amendments tabled in committee
body
EP
events/0/date
Old
2004-12-15T00:00:00
New
2004-12-14T00:00:00
docs/0/docs/0/url
Old
http://www.europarl.europa.eu/doceo/document/B-6-2004-0234_EN.html
New
https://www.europarl.europa.eu/doceo/document/B-6-2004-0234_EN.html
docs/3/docs/0/url
Old
http://www.europarl.europa.eu/doceo/document/A-6-2005-0036_EN.html
New
https://www.europarl.europa.eu/doceo/document/A-6-2005-0036_EN.html
docs/4/docs/0/url
Old
http://www.europarl.europa.eu/doceo/document/TA-6-2005-0030_EN.html
New
https://www.europarl.europa.eu/doceo/document/TA-6-2005-0030_EN.html
events/0/docs/0/url
Old
http://www.europarl.europa.eu/doceo/document/B-6-2004-0234_EN.html
New
https://www.europarl.europa.eu/doceo/document/B-6-2004-0234_EN.html
events/1/type
Old
Committee referral announced in Parliament, 1st reading/single reading
New
Committee referral announced in Parliament
events/2/type
Old
Vote in committee, 1st reading/single reading
New
Vote in committee
events/3
date
2005-02-09T00:00:00
type
Committee report tabled for plenary
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/A-6-2005-0036_EN.html title: A6-0036/2005
events/3
date
2005-02-09T00:00:00
type
Committee report tabled for plenary, single reading
body
EP
docs
url: http://www.europarl.europa.eu/doceo/document/A-6-2005-0036_EN.html title: A6-0036/2005
events/4/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20050221&type=CRE
New
https://www.europarl.europa.eu/doceo/document/EN&reference=20050221&type=CRE
events/6
date
2005-02-22T00:00:00
type
Decision by Parliament
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-6-2005-0030_EN.html title: T6-0030/2005
summary
events/6
date
2005-02-22T00:00:00
type
Decision by Parliament, 1st reading/single reading
body
EP
docs
url: http://www.europarl.europa.eu/doceo/document/TA-6-2005-0030_EN.html title: T6-0030/2005
summary
procedure/legal_basis/0
Rules of Procedure EP 134o-p3
procedure/legal_basis/0
Rules of Procedure EP 134-p3
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
rapporteur
name: COSTA António date: 2004-09-13T00:00:00 group: Socialist Group in the European Parliament abbr: PSE
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
date
2004-09-13T00:00:00
rapporteur
name: COSTA António group: Socialist Group in the European Parliament abbr: PSE
docs/0/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B6-2004-234&language=EN
New
http://www.europarl.europa.eu/doceo/document/B-6-2004-0234_EN.html
docs/3/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2005-36&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-6-2005-0036_EN.html
docs/4/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2005-30
New
http://www.europarl.europa.eu/doceo/document/TA-6-2005-0030_EN.html
docs/5/body
EC
events/0/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B6-2004-234&language=EN
New
http://www.europarl.europa.eu/doceo/document/B-6-2004-0234_EN.html
events/3/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2005-36&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-6-2005-0036_EN.html
events/6/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2005-30
New
http://www.europarl.europa.eu/doceo/document/TA-6-2005-0030_EN.html
activities
  • date: 2004-12-15T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B6-2004-234&language=EN type: Non-legislative basic document published title: B6-0234/2004 body: EC commission: type: Non-legislative basic document published
  • date: 2005-01-13T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee: LIBE date: 2004-09-13T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PSE name: COSTA António
  • date: 2005-02-01T00:00:00 body: EP committees: body: EP responsible: True committee: LIBE date: 2004-09-13T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PSE name: COSTA António type: Vote in committee, 1st reading/single reading
  • date: 2005-02-09T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2005-36&language=EN type: Committee report tabled for plenary, single reading title: A6-0036/2005 body: EP type: Committee report tabled for plenary, single reading
  • date: 2005-02-21T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20050221&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2005-02-22T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=3802&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2005-30 type: Decision by Parliament, 1st reading/single reading title: T6-0030/2005 body: EP type: Results of vote in Parliament
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
date
2004-09-13T00:00:00
rapporteur
name: COSTA António group: Socialist Group in the European Parliament abbr: PSE
committees/0
body
EP
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True
committee
LIBE
date
2004-09-13T00:00:00
committee_full
Civil Liberties, Justice and Home Affairs
rapporteur
group: PSE name: COSTA António
docs
  • date: 2004-12-15T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B6-2004-234&language=EN title: B6-0234/2004 type: Non-legislative basic document body: EP
  • date: 2005-01-06T00:00:00 docs: title: PE353.321 type: Committee draft report body: EP
  • date: 2005-01-20T00:00:00 docs: title: PE353.464 type: Amendments tabled in committee body: EP
  • date: 2005-02-09T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2005-36&language=EN title: A6-0036/2005 type: Committee report tabled for plenary, single reading body: EP
  • date: 2005-02-22T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2005-30 title: T6-0030/2005 url: https://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:2005:304E:SOM:EN:HTML title: OJ C 304 01.12.2005, p. 0019-0109 E summary: In adopting the report by António COSTA (PES, PT), the European Parliament approves a series of recommendations with an aim to achieving better standards of criminal justice in the different Member States. These recommendations are as follows: - immediately initiate a European Union action to enable European citizens throughout the Union, whatever the legal and constitutional set-up of the Member State in which they find themselves, to enjoy the right to justice in both comparable conditions and on the basis of ever-higher quality standards, thus acquiring greater trust in the administration of justice; - define with the Member States a 'Quality Charter for Criminal Justice in Europe' to serve as a common reference framework for all the Member States and ensure consistent and objective evaluation; this Charter should be drawn up taking due account of the experiences acquired and work done at national level, as well as at international level by the Council of Europe and the United Nations, - in order to strengthen mutual trust between national legal systems, while respecting their diversity, establish a mechanism for ongoing mutual evaluation, with the Quality Charter as its objective reference framework, taking account of experiences in other areas in which mutual evaluation is already operational (Schengen, terrorism, enlargement, etc); - formally set up the mutual evaluation mechanism (procedures, structures, indicators, reports, etc.) on the basis of one or more decisions pursuant to Article 31 of the Treaty on European Union implementing the principles contained in the case law of the Strasbourg and Luxembourg Courts and the guidelines laid down by the Council of Europe's Commission for the Efficiency of Justice - involve judges' and lawyers' associations, legal experts, users of the legal system, and the national parliaments in this evaluation, for example by setting up a monitoring committee on the quality of justice, in the spirit of Article I-42(2) of the Constitutional Treaty and in accordance with the principle of subsidiarity; this evaluation could be conducted jointly by the European Parliament and the national parliaments; - recognise that the creation of an area of freedom, security and justice based on mutual trust is not possible without a minimum of harmonisation of national legislation; with regard to substantive criminal law, Parliament agrees with the Council that priority should be given to the offences expressly referred to in the Constitutional Treaty; with regard to procedural law, the following subjects should have priority; - call on the Commission immediately to incorporate the "Quality Charter for Criminal Justice in Europe", the mutual evaluation mechanism and supplementary measures for the harmonisation of certain criminal provisions into the Action Plan which it is due to submit in 2005 in accordance with the Hague Programme; note, in this connection, that Parliament joins the European Council in recommending that the Commission adopt the provisions contained in the Treaty establishing a Constitution for Europe as the reference framework for the Action Plan. type: Text adopted by Parliament, single reading body: EP
  • date: 2005-03-31T00:00:00 docs: url: /oeil/spdoc.do?i=3802&j=0&l=en title: SP(2005)1076/2 type: Commission response to text adopted in plenary
events
  • date: 2004-12-15T00:00:00 type: Non-legislative basic document published body: EC docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B6-2004-234&language=EN title: B6-0234/2004
  • date: 2005-01-13T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2005-02-01T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The committee adopted the own-initiative report by António COSTA (PES, PT) containing a series of recommendations to the Council for achieving better standards of criminal justice in the different Member States: - "a Quality Charter for Criminal Justice in Europe" should be drawn up to serve as a common reference framework for all EU countries; - in order to strengthen mutual trust between national legal systems, a mechanism should be established for ongoing mutual evaluation, including the establishment of a comparative statistical database, benchmarking exercises, sharing of best practice, annual publication of an evaluation report and the setting up of a monitoring committee on the quality of justice; - with regard to procedural law, priority should be given to harmonising national legislation in such areas as the minimum rights of prisoners, the possibility for them to serve their sentence in their Member State of residence, the gathering and assessment of evidence, transparency in the administration of justice and the system for protecting the depositions of witnesses and victims. Finally, the report urged the Commission to incorporate the proposed Quality Charter for Criminal Justice and mutual evaluation mechanism into the Action Plan it is due to submit in 2005.
  • date: 2005-02-09T00:00:00 type: Committee report tabled for plenary, single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2005-36&language=EN title: A6-0036/2005
  • date: 2005-02-21T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20050221&type=CRE title: Debate in Parliament
  • date: 2005-02-22T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=3802&l=en title: Results of vote in Parliament
  • date: 2005-02-22T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2005-30 title: T6-0030/2005 summary: In adopting the report by António COSTA (PES, PT), the European Parliament approves a series of recommendations with an aim to achieving better standards of criminal justice in the different Member States. These recommendations are as follows: - immediately initiate a European Union action to enable European citizens throughout the Union, whatever the legal and constitutional set-up of the Member State in which they find themselves, to enjoy the right to justice in both comparable conditions and on the basis of ever-higher quality standards, thus acquiring greater trust in the administration of justice; - define with the Member States a 'Quality Charter for Criminal Justice in Europe' to serve as a common reference framework for all the Member States and ensure consistent and objective evaluation; this Charter should be drawn up taking due account of the experiences acquired and work done at national level, as well as at international level by the Council of Europe and the United Nations, - in order to strengthen mutual trust between national legal systems, while respecting their diversity, establish a mechanism for ongoing mutual evaluation, with the Quality Charter as its objective reference framework, taking account of experiences in other areas in which mutual evaluation is already operational (Schengen, terrorism, enlargement, etc); - formally set up the mutual evaluation mechanism (procedures, structures, indicators, reports, etc.) on the basis of one or more decisions pursuant to Article 31 of the Treaty on European Union implementing the principles contained in the case law of the Strasbourg and Luxembourg Courts and the guidelines laid down by the Council of Europe's Commission for the Efficiency of Justice - involve judges' and lawyers' associations, legal experts, users of the legal system, and the national parliaments in this evaluation, for example by setting up a monitoring committee on the quality of justice, in the spirit of Article I-42(2) of the Constitutional Treaty and in accordance with the principle of subsidiarity; this evaluation could be conducted jointly by the European Parliament and the national parliaments; - recognise that the creation of an area of freedom, security and justice based on mutual trust is not possible without a minimum of harmonisation of national legislation; with regard to substantive criminal law, Parliament agrees with the Council that priority should be given to the offences expressly referred to in the Constitutional Treaty; with regard to procedural law, the following subjects should have priority; - call on the Commission immediately to incorporate the "Quality Charter for Criminal Justice in Europe", the mutual evaluation mechanism and supplementary measures for the harmonisation of certain criminal provisions into the Action Plan which it is due to submit in 2005 in accordance with the Hague Programme; note, in this connection, that Parliament joins the European Council in recommending that the Commission adopt the provisions contained in the Treaty establishing a Constitution for Europe as the reference framework for the Action Plan.
  • date: 2005-02-22T00:00:00 type: End of procedure in Parliament body: EP
links
other
    procedure/dossier_of_the_committee
    Old
    LIBE/6/25710
    New
    • LIBE/6/25710
    procedure/legal_basis/0
    Rules of Procedure EP 134-p3
    procedure/legal_basis/0
    Rules of Procedure of the European Parliament EP 134-p3
    procedure/subject
    Old
    • 1.20.02 Social and economic rights
    New
    1.20.02
    Social and economic rights
    activities
    • date: 2004-12-15T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B6-2004-234&language=EN type: Non-legislative basic document published title: B6-0234/2004 body: EC commission: type: Non-legislative basic document published
    • date: 2005-01-13T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee: LIBE date: 2004-09-13T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PSE name: COSTA António
    • date: 2005-02-01T00:00:00 body: EP committees: body: EP responsible: True committee: LIBE date: 2004-09-13T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PSE name: COSTA António type: Vote in committee, 1st reading/single reading
    • date: 2005-02-09T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2005-36&language=EN type: Committee report tabled for plenary, single reading title: A6-0036/2005 body: EP type: Committee report tabled for plenary, single reading
    • date: 2005-02-21T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20050221&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
    • date: 2005-02-22T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=3802&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2005-30 type: Decision by Parliament, 1st reading/single reading title: T6-0030/2005 body: EP type: Results of vote in Parliament
    committees
    • body: EP responsible: True committee: LIBE date: 2004-09-13T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PSE name: COSTA António
    links
    other
      procedure
      dossier_of_the_committee
      LIBE/6/25710
      reference
      2005/2003(INI)
      title
      The quality of criminal justice in the European Union
      legal_basis
      Rules of Procedure of the European Parliament EP 134-p3
      stage_reached
      Procedure completed
      type
      INI - Own-initiative procedure
      subject
      1.20.02 Social and economic rights