Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-03-14-Speech-2-256"
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"en.20060314.26.2-256"2
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".
Mr President, this question concerns the protection of fundamental rights and the principle of mutual recognition that has already been discussed. I should like to say in reply that the Council has always emphasised that it gives absolute priority to respect for human rights, and that the Council is also actively promoting the prevention and eradication of torture and other forms of cruel, inhuman and degrading treatment, with particular regard to Article 6 of the Treaty on European Union and the relevant EU guidelines.
In addition, in the Presidency Conclusions of the Tampere European Council – which has already been mentioned here today – the Council emphasised that the principle of mutual recognition should become the cornerstone of judicial cooperation, and that mutual recognition and the necessary approximation of legislation would facilitate the judicial protection of individual rights.
In its Communication to the Council and the European Parliament of 26 July 2000, entitled ‘Mutual Recognition of Final Decisions in Criminal Matters’, the Commission stated in this regard that it must be ensured that the treatment of suspects and the rights of the defence would not only not suffer from the implementation of this principle – namely the principle of mutual recognition – but that the safeguards would even be improved.
This was also confirmed in the Programme of measures to implement the principle of mutual recognition of decisions in criminal matters that was adopted by the Council and the Commission. On 28 April 2004, the Commission adopted a Proposal for a Council framework decision on certain procedural rights in criminal proceedings throughout the European Union, which it presented to the Council on 3 May 2005. We have already discussed this more or less intensively under the previous item on the agenda.
This proposal, which is currently being examined by the competent bodies of the Council, and with which we shall try to make considerable progress under our presidency, is aimed at improving the rights of all suspects and of defendants by guaranteeing them a uniform level of protection throughout the European Union. In addition, the Council points out that the EU Member States have to meet their obligations under international law and, in particular, under the European Convention on Human Rights – to which, after all, we are all parties. This is confirmed in Article 6 of the EU Treaty.
The fact that the principle of mutual recognition is being realised within the framework of a purely judicial procedure also means that legal protection is guaranteed by independent judicial authorities, which is a great advantage. It should also be borne in mind in this connection that, as a rule, the legal instruments based on the principle of mutual recognition contain a general human rights clause confirming that the obligation to respect fundamental rights and general legal principles pursuant to Article 6 of the Treaty on European Union is not affected.
Finally, the Proposal for a Council Regulation establishing a European Union Agency for Fundamental Rights, which was presented by the Commission in July 2005 and is currently being examined by the competent bodies of the Council, represents a further step on the way to an effective EU human rights policy."@en1
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