Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-10-07-Speech-3-236"
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"en.20091007.22.3-236"2
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"A criminal law policy which secures the fundamental human rights of persons involved in criminal proceedings is one of the priorities of the European Community.
The draft framework decision arose from an initiative of the Czech Presidency and it provides a legal framework for protecting persons involved in criminal proceedings and particularly for strengthening adherence to the principle of
. In my opinion, the adoption of this legislative proposal is therefore essential, not only to protect persons involved in criminal proceedings, but also to increase legal certainty for EU Member State citizens.
The mechanism for resolving conflicts of exercise of jurisdiction should provide a way of eliminating situations where a number of Member States mount criminal prosecutions against one and the same person for one and the same crime. It should also rule out the possibility of multiple decisions being issued in respect of one and the same case.
The framework decision imposes an obligation on Member States to inform each other about the existence of parallel criminal proceedings, but it does not establish a comprehensive legal mechanism for resolving them. I see shortcomings mainly in the vagueness of the legal text, which, in most cases, does not specify any deadlines for fulfilling the stated obligations. At the same time, the role of Eurojust is unclear and there is also a failure to exploit the potential of this institution for resolving conflicts of exercise of jurisdiction.
It is essential to put the emphasis particularly on upholding the fundamental human rights of persons involved, in other words suspects and defendants, at all stages of criminal proceedings and, at the same time, also to ensure a corresponding level of personal data protection. We must consequently turn our attention to the Commission’s legislative initiative entitled ‘Transfer of Proceedings in Criminal Matters’, which will apparently solve this problem much more comprehensively. It is essential to support this draft, even though there are practical problems in solving conflicts of exercise of jurisdiction in criminal proceedings. The progressive alliance of socialists and democrats therefore supports the draft, although we are insisting on the provision of sufficient protection for persons involved in criminal proceedings and, at the same time, a stronger role for Eurojust and greater efficiency for the mechanism as a whole."@en1
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