Local view for "http://purl.org/linkedpolitics/eu/plenary/2002-02-06-Speech-3-062"
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"en.20020206.3.3-062"2
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"I would like to stress, and I understand Mr MacCormick’s concern on this issue, that your amendment may have the opposite effect. I am being very honest with you. I would like to point out that the
amendment is contained in the legal system of each Member State and that, in addition, Articles 5 and 6 of the European Convention on Human Rights, taken up by the EU Charter of Fundamental Rights, contain rules on the conditions governing detention and release, where the detention is unlawful. There is nothing in the European arrest warrant that derogates from the application of the provisions of the national legal system and the European Convention on Human Rights in relation to the definition of conditions governing detention, which exist in the European Union Member States.
The Commission hopes that these texts will be formally adopted in May at the latest, as soon as the Parliament’s final reservations have been dispelled. All the Member States must then adapt their national legislation so that the two texts can enter into force on 1 January 2004 for the European arrest warrant and 1 January 2003 for combating terrorism.
The key to the success of the process initiated with the European arrest warrant will be mutual trust in independent and effective legal systems. That is why, as you advocated in several of the amendments tabled today, and as I announced the last time I came before the House to speak on this matter, the Commission will issue a communication this year on minimum procedural guarantees within the European Union.
The first discussion document is already available electronically via the Commission’s web site and you can all access this document directly. The document will enable us to launch a public debate on these issues and to prepare the communication that the Commission will present before the end of the year.
In this communication, we will tackle questions as diverse as the right to language assistance, legal assistance, the rules on appeal, the collection of evidence, and the issue of alternatives to provisional detention or decisions by default. Our medium-term objective is to propose a legislative instrument in this area, following the public debate.
Mr President, I am still bearing in mind the prospect of implementing these texts within the framework of the enlargement of the European Union. The key to success in this area will also be mutual trust in independent, reliable and effective legal systems.
People have accused European legal affairs of lagging behind for years. The two texts before you today are without doubt a major step forward and I am counting on the commitment of the Spanish Presidency and on the commitment and support of the European Parliament to pursue this ambitious integration. The message is clear. Violence is unlawful. We have the legal and legitimate tools to protect democracy because the urgent demand to provide security and to combat terrorism expressed by all European citizens is something we are taking seriously."@en1
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