Local view for "http://purl.org/linkedpolitics/eu/plenary/2003-11-05-Speech-3-167"
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"en.20031105.13.3-167"2
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"Mr President, I believe that the motion for a resolution contained in Mr Hernández Mollar’s report considerably enhances the Commission’s Green Paper on procedural safeguards, thanks, not least, to the contribution of numerous amendments by all the political groups. I would therefore like to thank Mr Hernández Mollar for his work.
As I have said, it considerably enhances the report, not just because the resolution contains a clear call for the adoption of a framework decision on common minimum standards, and not just because it also points out the elements still lacking – as the Commission, itself, recognises – in the building of a complete system of common minimum guarantees securing the basic European rights ensuring a fair trial. The list of these rights must be extended to the issues related to admissibility and weight of evidence, to the criteria for pre-emptive detention, to the actual conditions of detention, as well as to the right of appeal, which is important especially in terms of individual freedom. The principal contribution made by the draft resolution is the detailed identification of the specific content of the rights already examined by the Green Paper: legal assistance and defence, which must be free of charge for those who need it and be provided by expert professionals; the guarantee of full, adequate interpreting for speakers of other languages; the right to consular assistance and to adequate protection for vulnerable persons, especially – but not solely – minors. Then, particularly innovative and of particular interest is the proposal for a written letter of rights stating the rights of suspects and defendants, to be handed to the defendant or suspect at the first contact with the authorities in proceedings concerning them and which must be detailed and available in several languages.
As we know, all the Member States are bound to abide by the European Convention on Human Rights and the Court of Justice, with its elaborate case law, monitors respect for the Convention, but that is not enough. The irreconcilable differences between the systems, procedures and legal traditions themselves raises concerns that undermine the confidence that the European citizens must be able to place in the Member States’ legal systems if the necessary cooperation based on mutual recognition of the judicial measures of the different countries is to develop in a territory which no longer has internal borders. To this end, there is an urgent need, in order to ensure both the freedom and the security of the citizens, for minimum common standards to be introduced to establish at European level the high standards of procedural safeguards which Europe prides itself on guaranteeing to all – both citizens and non-citizens – who come into contact with its legal systems.
I can therefore inform you that my group is going to vote for the Hernández Mollar report."@en1
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