Local view for "http://purl.org/linkedpolitics/eu/plenary/2003-05-14-Speech-3-108"
| Predicate | Value (sorted: default) |
|---|---|
| rdf:type | |
| dcterms:Date | |
| dcterms:Is Part Of | |
| dcterms:Language | |
| lpv:document identification number |
"en.20030514.4.3-108"2
|
| lpv:hasSubsequent | |
| lpv:speaker | |
| lpv:spokenAs | |
| lpv:translated text |
"Mr President, this agreement is very important, not just because it will be useful in the fight against international crime but also because this is the first time the Union as such has negotiated an international agreement on this matter, which binds the Member States and takes precedence over any bilateral agreements they have concluded.
The rules and criteria adopted will therefore serve as useful benchmarks for similar agreements with many other third countries, and that is another reason why they must be considered carefully. The Union is bound by the provisions of the Treaties and the acts signed by its institutions. In matters of respect for fundamental rights, it is bound by Article 6(1) and (2) of the Treaty on European Union and by the Charter on Fundamental Rights, which lay down more stringent guarantees than those provided for in third countries and, in particular, in the United States – I too am thinking of the European citizens still imprisoned at Guantánamo – and it is therefore these provisions of the Treaty, not respect for individual rights in general, which must be referred to in the EU-US agreement.
The reservation not to cooperate if the accused is liable to face the death penalty is expressed in relation to extradition but not – as it should be – where judicial cooperation is concerned. This is a requirement that binds not just the Member States but the Union as such too, which does not have the power to conclude agreements which provide for derogations from this principle. I therefore consider Article 9 of the agreement on judicial cooperation to be inadequate. Then it is absurd that the Council should conclude agreements with third countries which it has not yet implemented within the Union because the Member States have failed to ratify the agreements or because of failure to implement framework decisions which have already been adopted. It is also absurd that, as provided for by Article 10 of the agreement, a request for extradition from a third country might take precedence over a request from a Member State to hand a person over made by virtue of a European arrest warrant.
We must therefore remedy these shortcomings, and the agreement will then be a model for European Union cooperation with third countries to combat international crime, with due regard for the fundamental rights which the Union acknowledges all human beings to have."@en1
|
Named graphs describing this resource:
The resource appears as object in 2 triples