Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-10-07-Speech-3-234"
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"en.20091007.22.3-234"2
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"− Madam President, the positive result of the Irish referendum on the Lisbon Treaty brings us one step closer to that moment in time when the European Parliament will not only be consulted by the Council, but will have codecision powers on matters which are now under the third pillar.
The question then is: why is the Council so keen to adopt legislation a few months before that date when, moreover, that legislation does not represent a step forward in establishing a genuine European area of freedom, security and justice? The truth is that this proposal does not help prevent any conflicts of jurisdiction, and does not provide for any settlement when such situations arise. This could be done, for example, by reducing multiple jurisdiction and by allocating jurisdiction to Member States, as was done through various regulations on civil law, with the obligation to mutually recognise the decisions that followed from that allocation of jurisdiction. Instead, this Framework Decision is limited to a duty of Member States to inform one another and to enter into direct consultation in order to reach ‘consensus on any effective solution aimed at avoiding the adverse consequences arriving from parallel proceedings’.
That is why I was not surprised when, during the exchange of views in the Committee on Civil Liberties, Justice and Home Affairs a few weeks ago, the Commission – although supporting the current proposal – mentioned it would come up with a new proposal at a later stage. That is also why I am not surprised by what the Commissioner has said this evening. I thank the Commission for being so honest about the proposal, but have to say that I consider this proposal and the entire procedure for its adoption a good example of how we should not legislate within the European Union. I strongly believe that what is important is to protect our citizens’ rights and not just to tick boxes. By the way, the Council is not present today, although the Presidency was one of the initiators of the proposal. I have to stress that within the European Parliament, we took our work very seriously. We worked in good faith during the last mandate and this one, and would hope to be sending a message on our views on having more effective legislation.
What I welcome about this proposal is that the current text explicitly refers to the principle of
. This was due to the exchange of views we had with the Council and the Commission, as the original text proposed did not mention it at all. The report I drafted pays particular attention to three aspects.
Firstly, I believe that the protection of persons formally charged must receive the highest attention and consistent procedural safeguards have to be provided for. These should include the right of the formally charged person to receive enough information for him or her to have a basis upon which to challenge any solution which does not appear to be reasonable. Secondly, with regard to the details concerning the person formally charged, which national authorities exchange through the notifications, I support the idea that it is important to ensure an adequate level of data protection and that it should be specified in this Framework Decision what kind of personal data is exchanged.
Last but not least, I strongly believe that the involvement of Eurojust in the decision on the choice of jurisdiction is of the utmost importance. In my opinion, Eurojust should be involved from the earliest stage because of its coordinating role and because of its more and more relevant tasks. I am among those who consider that we created this Agency not only to show that we are concerned with combating transborder crime, but because we need strong instruments. Eurojust has already proved in the years since its establishment that it deserves our trust. That is why I am surprised by the reluctance shown by the Council and by some colleagues in the European Parliament. Having said that, I would like to call on the European Commission to present at the earliest opportunity a proposal completing this Framework Decision on the conflicts of jurisdiction. I will finish by thanking the shadow rapporteurs for the way they worked on this report."@en1
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