Local view for "http://purl.org/linkedpolitics/eu/plenary/2003-02-12-Speech-3-195"
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"en.20030212.6.3-195"2
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".
Mr President, ladies and gentlemen, I am delighted to have this opportunity today of presenting the results of the work of the Justice and Home Affairs Council in 2002 to the European Parliament. The Greek Presidency attaches particular importance to the role of the European Parliament, to dialogue with it and to the need for a common policy on issues of concern to us. I should like at this point to thank Baroness Ludford, whose oral question has provided the basis for today’s debate.
In reply to the sixth question, as I said earlier, the Council has made considerable progress on asylum and immigration with a view to applying the programme adopted in Tampere. The European Council in Seville, on 21 and 22 June 2002, took an important step towards implementing the Tampere programme. As far as the timing is concerned, the Council has every intention of keeping to the deadlines, where possible, given the complexity of this subject and the fact that events have undoubtedly altered the general perception of the political and legislative environment.
In reply to the final question, as it has stressed on numerous occasions, the Council respects and applies the principles laid down in the Treaty, especially the principles of freedom, democracy, respect for human rights and fundamental freedoms and the rule of law. However, the possible inclusion of the Charter of Fundamental Rights in the new Treaty is an issue which does not come within the jurisdiction granted to the Council under the Treaties.
In reply to the second part of the question concerning work on common principles governing procedural guarantees for defendants, the Council knows that the Commission has issued a working paper and is preparing a new text. When we receive a proposal, we shall examine it carefully and ask the European Parliament to give its opinion on the matter, allowing it adequate time to do so. However, this last question gives me the opportunity to conclude with a number of the Greek Presidency’s thoughts on the question of human rights in the judicial sector. We are convinced of, and our initiatives will be geared towards, the principle that respect for human rights and the rule of law is the cornerstone of the European Union and the ultimate justification for all its policies. At the same time, we need balanced, global policies. These two principles are inextricably linked. I believe that, if the importance of fundamental freedoms is overlooked, there will be a visible risk of our policy becoming fragmented, unilateral and irrational. This is particularly important in the area in which our Council acts, where the issue of the balance between freedom, on the one hand, and security, on the other, arises on a daily basis. It would be a mistake to assume that these two virtues are mutually exclusive. I have pointed out on numerous occasions, and I do so again now, that more security does not mean and must not mean less freedom.
With these thoughts in mind, the Greek Presidency has introduced a new framework decision on the mutual recognition by Member States of final judgments in criminal cases. We cannot take a unilateral approach to judicial assistance. We also have to make sure that defendants cannot be prosecuted for the same offence in more than one Member State. The same principle governs the question of minimum guarantees for suspects and defendants. We are introducing the European arrest warrant, we are taking measures to harmonise substantive criminal law and we must not ignore the question of guarantees for all those affected by these measures, especially suspects and defendants, which is why we have already included the question of minimum procedural guarantees for suspects and defendants on the agenda of the informal Council due to meet in Greece at the end of March.
Mr President, ladies and gentlemen, I should like to close by thanking you once again for giving me this opportunity to update the European Parliament on progress in the area of justice and security and to assure you that I am looking forward to your assistance and cooperation so that we can meet the expectations of European society and its citizens.
The Council worked systematically during 2002 towards creating an area of freedom, security and justice, mainly on the basis of the guidelines laid down by the European Council in Tampere. Within that framework, the Council adopted a set of acts on police and judicial cooperation on criminal and civil matters. In all, over 100 acts were adopted, including regulations, framework decisions, decisions and joint positions, resolutions, recommendations and other acts. Parliament itself made a telling contribution to this work through the consultation procedure and with its excellent resolutions.
Of the acts adopted, I should like to make special mention of Eurojust, the new Union institution whose job is to step up the fight against the most serious forms of crime, and the framework decisions adopted on the European arrest warrant, extradition procedures between Member States and the fight against terrorism.
I should also mention the new European Refugee Fund, the new Eurodac system for comparing fingerprints, the minimum specifications governing the provision of temporary protection in the event of a mass influx of refugees, the integrated plan for combating illegal immigration and illegal movements of people within the European Union, the plan for guarding our external borders, the common list of third countries whose nationals must have a visa and the complementary list of third countries whose nationals do not need a visa and the standard form for a residence permit for third-country nationals. Finally, in civil and commercial law, political agreement has been reached on a system of judicial assistance on parental care in order to protect the best interests of the child.
That brings me to the questions, not that this list is by any means complete. An area of freedom, security and justice has to be founded on the principles of transparency and democratic control and I can assure you that the Council’s actions will continue to be predicated on maximum possible cooperation with the other institutions of the European Union and constructive dialogue with civil society. Within this framework, the Council works with the European Parliament, seeking its opinion in the early stages of work and duly applying all the consultation rules set out in the Treaties. The Presidency attends Parliament in order to present its programme of work at the beginning of each term of office and the results of the Justice and Home Affairs Councils. I would also remind you that the Council replies to all written and oral questions put to it by the honourable Members. At the same time, informal contacts are constantly being strengthened, especially at the meetings of the Committee on Citizens’ Freedoms or at informal ministerial meetings. Finally, this cooperation will be strengthened still further by the Treaty of Nice, which now applies the codecision procedure to a number of matters which come within our jurisdiction.
In reply to the second question, the Council does not believe that adopting Community acts on sensitive justice and home affairs issues is taking an inordinate amount of time. First of all, the number and content of the acts adopted is proof positive of the volume of work we have carried out in order to create an area of freedom, security and justice. However, the question of speed also needs to be placed within the context of how carefully each issue is examined and the fact that all the procedures are adhered to, especially the consultation procedure and, from now on, the codecision procedure, so that the Council can take due account of the opinion of the European Parliament. That is why opinions are indeed sometimes requested by fairly tight deadlines, so that acts can be adopted at Council level as quickly as possible.
In reply to the third question, the Council would point out that its work is carried out within the framework of the rules laid down in the Treaties. For example, immigration issues are addressed under Title ΙV of the Treaty establishing the European Community, while crimes by persons aiding and abetting illegal immigration are dealt with under the rules set out in Title VΙ of the Treaty on European Union. Because the issue is so complex, a certain procedural speed is required, but that derives from the Treaty itself and is not of the Council’s making. As you know, the Council has no authority to amend the Treaty. We are, of course, monitoring the work being carried out in this respect by the Convention on the future of Europe, which may well open up new prospects; we hope it does. Until then, I can assure you that all of us in the Council are endeavouring to promote cohesive, rational policy, and are demonstrating the necessary political will.
In reply to the fourth question, the Council would point out that creating an area of freedom, security and justice is an ongoing project, resulting in increasingly close, progressive cooperation between the Member States, as they exercise their authority, and the institutions of the European Union. The initiatives taken by the Member States within this framework, either alone or jointly, prove exactly how useful that right is. You only have to think, for example, of the initiative submitted by 5 Member States which resulted in the creation of Eurojust, a Community institution which plays an important role in the fight against serious forms of crime. Similarly, the Council’s framework decision on the status of victims during criminal proceedings was initiated by one Member State. The regulation on insolvency proceedings initiated by two Member States finally brought about a result after a full thirty years of discussion within the Community framework. The regulation on obtaining evidence is another such success story. The initiatives taken by the Member States, most of which have been adopted, have helped to make justice and home affairs a particularly dynamic sector and have been a useful complement to the valuable initiatives taken by the Commission.
In reply to the fifth question, under the Treaty of Amsterdam, the Council will be required five years after the Treaty enters into force, i.e. in 2004, to reach a unanimous decision, following consultations with the European Parliament, on the codecision procedure for visas, asylum and immigration and on judicial cooperation in civil matters. The Council has not yet been asked to decide on the specific issue raised in the question. Consequently, this is a question the Council will have an opportunity to decide on in the future, taking account of the opinion of the European Parliament. For the rest, as you know, the Treaty of Nice, which has already taken effect, makes provision for the codecision procedure to apply to a number of issues and the Council will be applying these new rules to the letter."@en1
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