Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-09-26-Speech-2-356"
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"en.20060926.28.2-356"2
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"Mr President, while taking into account the current diversity of national judicial systems, it is highly desirable to promote mutual recognition of judgments between the European Union Member States.
As already indicated by the Tampere European Council, the mutual recognition principle is the cornerstone of judicial cooperation in both civil and criminal matters. That being so, it is of the utmost importance to lay down an appropriate legal basis, so that a conviction handed down in one Member State can be taken into account in new criminal proceedings against the same person concerning different facts in other Member States.
The Commission proposal for a framework decision should be approved as amended. The object of the mutual recognition principle is to confer the same validity and the same effect on convictions handed down in other Member States as on previous national convictions. It should be explicitly stated that the Member State is not required to enforce the conviction handed down in another Member State, but just to draw the appropriate conclusions from the earlier case in the new proceedings.
Furthermore, the effects of previous convictions will still be governed by national laws in each Member State. A principle of assimilation of judgments given in other Member States to national convictions should be established, still leaving it to national legislation to draw the appropriate conclusions from the principle. However, I have to consider it necessary for previous sentences to be taken into account, provided that their weight in the other evaluation is equal to the sentence issued by the Member State in which proceedings have been opened.
Moreover, in the case of criminal proceedings in the Member State, a firm conviction related to acts not punishable in that Member State must not be taken into account."@en1
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"Andrzej Jan Szejna,"1
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