Activites

• 2008/12/24 Final act published in Official Journal
  • Decision 2008/976
  • OJ L 348 24.12.2008, p. 0130
• #2916
• 2008/12/16 Council Meeting
• 2008/12/16 End of procedure in Parliament
• 2008/12/16 Act adopted by Council after consultation of Parliament
• 2008/09/02 Results of vote in Parliament
  • Results of vote in Parliament
  • T6-0380/2008 summary

    The European Parliament adopted by 618 votes to 51, with 12 abstentions, a legislative resolution approving, under the consultation procedure, the initiative of several Member States to strengthen the European Judicial Network.The report had been tabled for consideration in plenary by Sylvia-Yvonne KAUFMANN (GUE/NGL, DE) on behalf of the Committee on Civil Liberties, Justice and Home Affairs.Above all, the legislative resolution calls on both the Council and the Commission to give priority to dealing with any future proposal to amend this initiative by urgent procedure, as set out in the Lisbon Treaty and once this treaty enters into force.In concrete, the Parliament strengthened the ‘data protection’ section of the proposal and clarified the tasks and roles of the participants in the Network. Furthermore, it strengthened the European Parliament’s control over all of the Network’s activities.The main amendments can be summarised as follows:A national information contact point: the Parliament considers that each Member State should appoint, among the contact points, a national information contact point. These special contact points (which already exist today under the term 'national correspondents') would have coordinating functions (e.g. for terrorist matters).Selection of contact points and sufficient resources: when selecting contact points, the Member States shall comply with the criteria set out in the guidelines for the selection of contact points of the European Judicial Network. Member States shall also ensure that their contact points have sufficient resources to adequately fulfil their tasks.Information provided by the European Judicial Network: the Parliament asks that information be transmitted between members of the Network via an IT tool (including requests for judicial cooperation linked to European Arrest Warrants, European Evidence Warrants, orders for the freezing of assets and requests for mutual legal assistance). It asks, in particular, that secure telecommunications connections be set up for the operational work of the Network. It requests, however, that all judicial authorities be included within the data exchange network, not only the contact points. Liaison magistrates referred to in Joint Action 96/277/JHA, with duties analogous to those assigned to the contact points of the Network, may also be linked to the Network via secure telecommunications connections.Transmission of information to Eurojust: the Parliament requests that the contact points of the European Judicial Network provide the national members of Eurojust with a certain amount of information. The Parliament considers that Eurojust and the Judicial Network should inform each other when they are of the opinion that the other one would be in a better position to handle the case. In addition, the contact points of the Network should attend meetings of Eurojust, at its invitation, in the framework of strengthened cooperation.Organisational amendments to the Network: the Parliament makes a certain number of organisational amendments to the Network in order to improve its functioning. It specifies, in particular, the tasks of the Secretariat of the Network and the tasks of the participants in the Network. The Parliament also specifies the roles of the different contact points, national correspondents and information contact points in order to clarify their tasks. In terms of the national correspondents of the Network, the Parliament considers that they should be responsible, in their respective Member States, for issues relating to the internal functioning of the Network, including the coordination of requests for information and replies issued by the competent national authorities. As for the national information contact points, they shall ensure that the information relating to their Member States is provided and updated, in relation to the activities of the Network.Plenary meetings of the Network: the Parliament specifies the typology and timetable of meetings of the European Judicial Network. This refers to ‘plenary’ meetings, to which at least three contact points per Member State shall be invited. As for the meetings of the national correspondents, these will take place periodically to discuss matters related to their tasks and how access to secure telecommunication can be optimised and provided for all competent judicial authorities.Data protection: the Parliament strengthened the provision on data protection in the framework of the European Judicial Network. Given that the Network facilitates direct contacts and exchange of data between the competent authorities of the Member States in the framework of judicial cooperation, the Parliament considers that a certain level of data protection must be observed and that additional safeguards should be put in place when specific - sensitive - categories of data are exchanged. The Parliament therefore includes a reference to the future Framework Decision on the Protection of Personal Data Processed in the Framework of Police and Judicial Cooperation in Criminal Matters, as well as a reference to the Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data (and its Additional Protocol regulating the use of personal data in the police sector). Parliamentary supervision: lastly, a series of reports has been called for in order to strengthen Parliament’s supervision of the Network’s activities. In particular, the Parliament calls for a report on the general functioning of the Network; a report every second year on the activities and management, including budgetary management, of the European Judicial Network (this report shall include information on any criminal policy problems within the Union highlighted as a result of the European Judicial Network's activities; it shall also include proposals for the improvement of judicial cooperation in criminal matters). The European Judicial Network may also submit to the Council any report or any other information on its internal operation.

• 2008/09/01 Debate in Parliament
  • Debate in Parliament
• #2887
• 2008/07/24 Council Meeting
  • 2887 summary

    The Council agreed on a general approach on a draft Decision on the European Judicial Network in criminal matters. The Network was established by Joint Action 98/428/JHA.  Over the years, its usefulness in facilitating judicial cooperation in criminal matters has been demonstrated. Following the EU's enlargements in 2004 and 2007, the European Judicial Network requires strengthening. Over the past five years, the Network has enjoyed preferential relations with Eurojust (following the creation of the latter by Decision 2002/187/JHA) based on consultation and complementarity. Experience has demonstrated to both the Network and Eurojust the need to maintain the two structures and the need to clarify their relationship.

• 2008/07/07 Committee report tabled for plenary, 1st reading/single reading
  • A6-0292/2008
• 2008/06/24 Vote in committee, 1st reading/single reading
• 2008/02/21 Committee referral announced in Parliament, 1st reading/single reading
• 2008/02/15 Legislative proposal published
  • 05620/2008 summary

    PURPOSE: to reinforce the European Judicial Network to adapt it to the new reality of judicial cooperation in civil matters in the EU and to strengthen its relationship with Eurojust.PROPOSED ACT: Council Decision (initiative of Slovenia, France, the Czech Republic, Sweden, Spain, Belgium, Poland, Italy, Luxembourg, the Netherlands, Slovakia, Estonia, Austria and Portugal). BACKGROUND: the European Judicial Network was set up by Joint Action 98/428/JHA (see CNS/1997/0911). It has demonstrated its usefulness in the facilitation of judicial cooperation in criminal matters. However, since its creation, judicial cooperation has evolved in that there is more direct contact between competent judicial authorities. The impact of these changes to judicial cooperation was further increased by the enlargement of the European Union in 2004 and 2007. Because of this evolution, the European Judicial Network is even more necessary than at the time of its creation and must therefore be strengthened.In addition, Eurojust was set up by Decision 2002/187/JHA (see CNS/2000/0817) to improve coordination and cooperation between competent authorities of the Member States. It maintains privileged relations with the European Judicial Network based on consultation and complementarity. It is now necessary to clarify and formalise the relationship between the two in the light of new developments. Moreover, contact points of the European Judicial Network and Eurojust should be able to communicate whenever needed, directly and more efficiently through a secure telecommunications network.CONTENT: the Initiative confirms that the European Judicial Network will remain as set up by Joint Action 98/428/JHA, while introducing additional provisions, on the basis of which the Network will from now on operate. Composition: the European Judicial Network shall be made up of the central authorities responsible for international judicial cooperation and the judicial or other competent authorities with specific responsibilities within the context of international cooperation. One or more contact points of each Member State shall be established to this effect, care being taken to ensure effective coverage of the whole of its territory, and each Member State shall appoint, as is currently the case, a national correspondent for the European Judicial Network among the contact points. As for the Commission, it shall designate a contact point for those areas falling within its sphere of competence.Manner of operation of the network: the Network shall operate in the following three ways:facilitate the establishment of contacts between the contact points in the various Member States;organise periodic meetings of the Member States' representatives;provide information by means of a telecommunications network to be implemented in accordance with this proposal.Functions of contact points: the contact points shall be active intermediaries with the task of facilitating judicial cooperation between Member States, particularly in terms of serious crime. They may, if necessary, travel to meet other Member States' contact points.They shall, inter alia, provide the local judicial authorities in their own country, the contact points in the other countries and the local judicial authorities in the other countries with legal and practical information and organise training sessions on judicial cooperation for the benefit of the competent authorities of their Member State.The contact points may hold periodic meeting which would: (i) allow them to get to know each other and exchange experiences; (ii) provide a forum for discussion of practical and legal problems encountered in the context of judicial cooperation.The Network may also meet in plenary, composed of all the national correspondents (at least once a year and at the invitation of the Presidency of the Council). These meetings may be held on the premises of the Council in Brussels or elsewhere, as required.Content of the information disseminated within the European Judicial Network: the Network may make a series of information available to contact points and competent judicial authorities: (i) full details of the contact points in each Member State; (ii) an IT tool allowing a Member State to identify the competent authority in another Member State to receive and execute its request for judicial cooperation (including European Arrest Warrants, European Evidence Warrants, orders for the freezing of assets and requests for mutual legal assistance); (iii) legal and practical information concerning the judicial and procedural systems in the Member States; (iv) texts of the relevant legal instruments.This information shall be constantly updated and it shall be each Member State's individual responsibility to check the accuracy of the data.Telecommunication tools: one of the main characteristics of this renewed Judicial Network shall be the establishment of a secure telecommunication tool. To this effect, the Network shall:place the above information available on a website which is constantly updated;·         set up a secure telecommunications network for the operational work of the contact points of the Network, enabling the flow of data and of all requests for judicial cooperation between Member States, as well as between them and the national members, national correspondents of Eurojust and liaison magistrates appointed by Eurojust. This Network may also be used for terrorist matters, according to the needs of the liaison magistrates appointed by Eurojust.Provisions have also been established to improve and better coordinate information communicated to the Council and the Commission. The Network may also submit any report or other information on its operation to the Council or the Presidency.Relationship between the European Judicial Network and Eurojust (including in organisational and budgetary terms): the Judicial Network and Eurojust shall maintain privileged relations with each other, including strengthening all information measures that may benefit both the Judicial Network and Eurojust, in accordance with a specific framework set out in the draft decision.The elements aimed at improving cooperation include elements of an institutional nature: thus the Secretariat of the European Judicial Network shall form part of the Eurojust secretariat, while functioning as a separate and autonomous unit. It may draw on the resources of Eurojust (including budgetary) which are necessary for the performance of the European Judicial Network's tasks. The Network shall also be supported by the Administration of Eurojust and operational expenses of the European Judicial Network may be covered by the Eurojust budget.Reports and evaluation: the Council shall, every 4 years, carry out an assessment of the operation of the European Judicial Network on the basis of a report drawn up by the Commission, in cooperation with the European Judicial Network. In the meantime, the Administrative Director of Eurojust and the Presidency of the Council shall report to the Council and the Commission in writing every 2nd year on the activities and management, including budgetary management, of the Network. The Presidency shall prepare a bi-annual report on the activities of the European Judicial Network and on any criminal policy problems within the Union highlighted as a result of the European Judicial Network's activities. In that report, the European Judicial Network, through the Presidency, may also make proposals for the improvement of judicial cooperation in criminal matters. Territorial application: as regards the United Kingdom, the provisions of this Decision shall apply to the United Kingdom of Great Britain and Northern Ireland, the Channel Islands and the Isle of Man. It should be noted that with the adoption of this initiative, Joint Action 98/428/JHA shall be repealed.

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

Documents

• Legislative proposal published: 05620/2008
• Committee report tabled for plenary, 1st reading/single reading: A6-0292/2008
• Debate in Council: 2887
• Debate in Parliament: Debate in Parliament
• Results of vote in Parliament: Results of vote in Parliament
• Decision by Parliament, 1st reading/single reading: T6-0380/2008
• : Decision 2008/976
• : OJ L 348 24.12.2008, p. 0130

History

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