Procedure completed
Role | Committee | Rapporteur | Shadows |
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Opinion | JURI | ||
Lead | LIBE | PAGANO Maria Grazia (PSE) |
Legal Basis RoP 134-p3
Activites
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2009/05/07
Results of vote in Parliament
- Results of vote in Parliament
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T6-0386/2009
summary
The European Parliament adopted by 427 votes to 49 with 9 abstentions a resolution on the development of an EU criminal justice area. Parliament addressed certain recommendations to Council, inter alia, that there should be adopted:an ambitious legal instrument on procedural safeguards in criminal proceedings, based on the principle of presumption of innocence. Parliament also enumerated the safeguards which are necessary, such as the right to legal advice, and the right to be informed in a language understandable by the suspect/defendant of the nature of the charges; a comprehensive legal framework offering victims of crime the widest protection, including adequate compensation and witness protection, notably in organised crime cases; a legal instrument on the admissibility of evidence in criminal proceedings; measures to fix minimum standards for prison and detention conditions and a common set of prisoners' rights in the EU, including, among others, the right of communication and consular assistance; measures to act as prime mover of civil society in their efforts to combat mafias and take action with a view to the adoption of a legislative instrument on confiscation of the financial assets and property of international criminal organisations and on their re-use for social purposes. The recommendations also stressed the need to do the following:effectively implement the mutual recognition principle in the area of criminal justice, giving due attention to the implementation and daily application of the European Arrest Warrant; take stock of the current state of judicial cooperation in criminal matters within the EU, considering both shortcomings and progress; establish a committee of wise persons (jurists) with the task of preparing a study on similarities and differences between the criminal law systems of all Member States and submit proposals for the development of an EU criminal justice area that will balance effectiveness in criminal proceedings with safeguarding individual rights; set up, together with other organisations in this field, an objective and continuous monitoring and evaluation system of the implementation of EU policies and legal instruments in this area, as well as of quality and efficiency, integrity and fairness of justice; take stock of the current state of judicial training in the EU, and take immediate action in order to promote the creation of a genuine EU judicial culture by creating a European Judicial School for judges, prosecutors, defence lawyers and others involved in the administration of justice; urge Member States to implement without delay the Council Decision on the strengthening of Eurojust and to encourage national authorities to involve Eurojust in the early stages of the cooperation procedures. The recommendation suggests examination of Eurojust's competences on the resolution of conflicts of jurisdiction and power to undertake investigations or prosecutions. Lastly, Parliament suggested that the Council should pay due attention to advantages offered by new technologies to strengthen the role of the "Justice Forum", to share data, updating existing databases such as the customs' databases, which are essentials in fighting smuggling and human trafficking. It should also ensure respect for fundamental rights and notably a high level of protection of the privacy of individuals with regard to the processing of personal data in the framework of police and judicial cooperation in criminal matters.
- 2009/05/06 Debate in Parliament
- 2009/04/08 Committee report tabled for plenary, single reading
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2009/03/31
Vote in committee, 1st reading/single reading
- #2927
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2009/02/26
Council Meeting
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2009/02/19
Committee referral announced in Parliament, 1st reading/single reading
Documents
- Committee report tabled for plenary, single reading: A6-0262/2009
- Debate in Parliament: Debate in Parliament
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T6-0386/2009
Amendments | Dossier |
45 |
2009/2012(INI)
2009/03/16
LIBE
45 amendments...
Amendment 1 #
Proposal for a recommendation Citation 12 a (new) - having regard to the proposal for a Council Framework Decision on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention (17506/08),
Amendment 10 #
Proposal for a recommendation Recital H H. whereas
Amendment 11 #
Proposal for a recommendation Recital I I. whereas where it is
Amendment 12 #
Proposal for a recommendation Recital I a (new) Ia. whereas the European Arrest Warrant should not be used for questioning, and neither the European Arrest Warrant nor the European Evidence Warrant should be used for minor offences,
Amendment 13 #
Proposal for a recommendation Recital J J. whereas, to be fully effective, the mutual recognition principle largely depends on the creation of a European judicial common culture based on mutual trust, common principles, cooperation and a certain level of harmonisation - for instance, in the definition of certain crimes and in the sanctions - and by a genuine protection of fundamental rights, notably with regard to procedural rights, minimum standards for detention conditions and prisoners' rights,
Amendment 14 #
Proposal for a recommendation Recital J J. whereas, to be fully effective, the mutual recognition principle largely depends on the creation of a European judicial common culture based on mutual trust, common principles and a certain level of harmonisation -for instance, in the definition of certain crimes and in the sanctions- and by genuine protection of fundamental rights, notably with regard to procedural rights, minimum standards for
Amendment 15 #
Proposal for a recommendation Recital K K. whereas judicial training, including of judges, prosecutors, defence lawyers and others involved in the administration of justice, plays a key role in building mutual trust and developing a common European judicial culture,
Amendment 16 #
Proposal for a recommendation Recital L L. whereas many steps forward have been taken in the area of judicial training, in particular thanks to the contribution offered by the European Judicial Training Network (EJTN) and its activities,
Amendment 17 #
Proposal for a recommendation Recital N a (new) Na. whereas lawyers too are not currently given the means to properly defend their clients' rights, and should also be given access to information and training in relation to the new instruments and support to organise themselves, to establish networks to safeguard defence rights, from the investigation stage right through to the enforcement stage, in order to maintain a balance between the interests of the prosecution and those of the defence and to ensure continuity and effective defence in cross-border cases,
Amendment 18 #
Proposal for a recommendation Recital O O. whereas future action towards the
Amendment 19 #
Proposal for a recommendation Recital S a (new) Sa. whereas those proposals by Member State, that will continue to exist after the entry into force of the Lisbon Treaty should be accompanied by a public consultation and an impact assessment, preferably produced by the Commission to ensure coherence and fundamental rights mainstreaming,
Amendment 2 #
Proposal for a recommendation Citation 13 a (new) - having regard to the Commission Communication of 20 November 2008 on confiscation of assets and properties of criminal organisations (COM(2008)0766),
Amendment 20 #
Proposal for a recommendation Recital T T. whereas a constant exchange of information
Amendment 21 #
Proposal for a recommendation Recital T a (new) Ta. whereas an adequate overall data protection regime is still lacking in the area of judicial cooperation in criminal matters and in its absence the rights of data subjects need to be carefully regulated in each individual legislative instrument,
Amendment 22 #
Proposal for a recommendation Recital U U. whereas, in order to be effective, an EU criminal justice area must take advantage of new technologies whilst respecting fundamental rights, and use internet tools in the implementation of EU policies as well as in the dissemination and discussion of information and proposals,
Amendment 23 #
Proposal for a recommendation Recital W a (new) Wa. whereas coordination for defence lawyers is lacking and should be considered in the form of a support organisation backed at EU level,
Amendment 24 #
Proposal for a recommendation Recital W a (new) Wa. whereas mafias and organised crime in general have become a transnational phenomenon having a social, cultural, economic and political impact on Member States and neighbouring countries, needing to be combated also at the social level, in cooperation with civil society and democratic institutions,
Amendment 25 #
Proposal for a recommendation Paragraph 1 - point a (a) noting that an EU criminal justice area must be based on respect for fundamental rights, urges the Council to restart working
Amendment 26 #
Proposal for a recommendation Paragraph 1 - point a - indent 1 - an ambitious legal instrument on procedural safeguards in criminal proceedings, based on the principle of presumption of innocence, such as the right to a "Letter of Rights", the right to legal advice, the right to adduce evidence, the right to be informed in a language understandable by the suspect/defendant of the nature of and/or the reasons for the charges and/or of the grounds for suspicion, the right of access to all relevant documents in a language which the suspect/defendant understands, the right to an interpreter, the right to a hearing and the right of defence;
Amendment 27 #
Proposal for a recommendation Paragraph 1 - point a - indent 1 - an ambitious legal instrument on procedural safeguards in criminal proceedings, based on the principle of presumption of innocence, such as the right to a "Letter of Rights", the right to legal
Amendment 28 #
Proposal for a recommendation Paragraph 1 - point a - indent 1 - an ambitious legal instrument on procedural safeguards in criminal proceedings based on the principle of presumption of innocence, such as the right to a "Letter of Rights", the right to legal advice, the right to legal advice free of charge, the right to evidence, the right to be informed of the nature and reasons for the charges and of the grounds for suspicion, the right of access to all relevant documents in a language which suspect/defendant understands, the right to an interpreter;
Amendment 29 #
Proposal for a recommendation Paragraph 1 - point a - indent 2 - a comprehensive legal framework offering victims of crime the widest protection, in
Amendment 3 #
Proposal for a recommendation Citation 13 a (new) - having regard to the Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union1,
Amendment 30 #
Proposal for a recommendation Paragraph 1 - point a - indent 4 a (new) - take measures to act as prime mover and supporter of civil society and institutions in their effort to combat mafias and take action in view of the adoption of a legislative instrument on confiscation of financial assets and property of international criminal organisations and on their re-use for social purposes,
Amendment 31 #
Proposal for a recommendation Paragraph 1 - point b (b) reaffirming that the principle of mutual recognition is the cornerstone on which
Amendment 32 #
Proposal for a recommendation Paragraph 1 - point c (c) effectively implement, together with the Member States, the mutual recognition principle in the area of criminal justice, giving due attention to difficulties and achievements in the implementation and daily application of the European Arrest Warrant, and making sure that in the application of the principle by the Member States they respect fundamental rights and the general principles of law as established in Article 6 of the EU Treaty,
Amendment 33 #
Proposal for a recommendation Paragraph 1 - point c a (new) (ca) take measures for more moderation and proportionality in the use European Arrest Warrant, avoiding excessive use by means of other appropriate instruments (such as hearings by videoconference, in absentia judgments, imposition of financial penalties, etc.),
Amendment 34 #
Proposal for a recommendation Paragraph 1 - point e (e) establish, together with the Commission and with Parliament, a committee of
Amendment 35 #
Proposal for a recommendation Paragraph 1 - point f (f) set together with the Commission and with Parliament, in cooperation with the relevant Council of Europe Committees, such as CEPEJ, and with the existing European network operating on criminal matters, an objective, impartial, transparent, comprehensive, horizontal and
Amendment 36 #
Proposal for a recommendation Paragraph 1 - point f - indent 2 - identify, on the basis of a review of existing evaluation systems: priorities, scope, criteria and methods, bearing in mind that the evaluations should not be theoretical but rather should assess the impact of EU policies on the ground and on the daily management of justice as well as the quality
Amendment 37 #
Proposal for a recommendation Paragraph 1 - point g - indent 1 - take the form of an EU Agency, modelled
Amendment 38 #
Proposal for a recommendation Paragraph 1 - point g - indent 1 - take the form of an EU Agency, modelled on the Agency for Fundamental Rights of the European Union, within which a pre- eminent role should be given to national judicial schools and judicial networks and defence rights organisations and with the association of the Commission,
Amendment 39 #
Proposal for a recommendation Paragraph 1 - point g - indent 4 - offer, on a voluntary basis, both initial and continuous training to European judges
Amendment 4 #
Proposal for a recommendation Citation 16 - having regard to
Amendment 40 #
Proposal for a recommendation Paragraph 1 - point g - indent 5 - strengthening linguist skills of judicial authorities, lawyers and other involved actors,
Amendment 41 #
Proposal for a recommendation Paragraph 1 - point h (h) urge Member States to fully implement without delay Council Decision on the strengthening of Eurojust and amending Council Decision 2002/187/JHA (5613/2008) and to encourage national authorities to involve Eurojust in the early stages of the cooperation procedures, to overcome the reluctance to share information and to fully cooperate which has been shown at national level, and calls on the Council, together with the Commission and with Eurojust, to fully involve Parliament closely in the forthcoming activities with a view to the correct implementation of the Decision implementing Eurojust,
Amendment 42 #
Proposal for a recommendation Paragraph 1 - point j (j) take action with a view to the publication, every year, of a comprehensive report on crime in the EU, consolidating reports related to specific areas such as OCTA (Organised Crime Threat Assessment), the Eurojust annual report etc,
Amendment 43 #
Proposal for a recommendation Paragraph 1 - point k (k) call on the Member States to agree in the shortest term on the initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden for a Council Framework decision on the prevention and settlement of conflicts of jurisdiction in criminal proceedings, in order to protect the rights of the suspect or defendant at all stages of the choice of the criminal jurisdiction process, including to provide for the suspect/defendant to be informed of and involved in the process, to challenge both the process itself and the outcome of the process, and for judicial oversight of the process,
Amendment 44 #
Proposal for a recommendation Paragraph 1 - point l (l) pay due attention to advantages offered by new technologies and to fully exploit the potential offered by the internet to disseminate information, to strengthen the role of the newly created "Justice Forum", to encourage the development of new learning methods (e-learning), and to gather and share data, reinforcing existing databases such as the customs' databases, which are essentials in fighting smuggling and human trafficking, but ensuring at all times respect for fundamental rights,
Amendment 45 #
Proposal for a recommendation Paragraph 1 - point l (l) pay due attention to advantages offered by new technologies and to fully exploit the potential offered by the internet to disseminate information, to strengthen the role of the newly created "Justice Forum", to encourage the development of new learning methods (e-learning), and to gather and share data, reinforcing and re- updating existing databases such as the customs' databases, which are essentials in fighting smuggling and human trafficking
Amendment 5 #
Proposal for a recommendation Recital C C. whereas the Hague Programme, like the Tampere Programme, set the creation of a European Area for Justice as a priority and stressed that the strengthening of justice should pass through confidence-building and mutual trust, the implementation of mutual recognition programme, the development of equivalent standards for procedural rights in criminal proceedings, the approximation of laws - in order to OJ L 327, 5.12.2008, p. 27. prevent criminals from benefiting from differences in judicial systems and in order to ensure
Amendment 6 #
Proposal for a recommendation Recital D D. whereas, according to the Report on Implementation of the Hague Programme for 2007 (COM(2008)0373), the level of achievement in judicial cooperation in criminal matters has been rather low, with policy blockage and delays which are reflected in the diminishing number of instruments adopted, while satisfactory developments have been registered in other fields, such as cooperation in civil matters, border management, legal and illegal migration, asylum policies,
Amendment 7 #
Proposal for a recommendation Recital F F. whereas the protection of rights such as the right to a fair trial, the presumption of innocence, the rights of the defence, the rights of victims of crime
Amendment 8 #
Proposal for a recommendation Recital G a (new) Ga. whereas within the boundaries of the aims and principles of European law, the mutual recognition principle implies that when a decision has been handed down by a competent judicial authority in one Member State, the decision becomes fully and directly effective throughout the territory of the Union, and the judicial authorities in the Member States in the territory of which the decision may be enforced assist in the enforcement of the decision as if it were a decision handed down by a competent authority in that Member State, unless the instrument within which it is implemented places limits on its execution,
Amendment 9 #
Proposal for a recommendation Recital H H. whereas the implementation of the mutual recognition principle, which has been the cornerstone of judicial
source: PE-421.409
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