Local view for "http://purl.org/linkedpolitics/eu/plenary/2012-05-21-Speech-1-134-000"
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"en.20120521.18.1-134-000"2
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"Madam President, I would like to thank the rapporteur very much for having taken the initiative to prepare a report on this issue. It links in perfectly with the communication on EU criminal policy that the Commission published last September, and I am really glad to see that this communication has achieved its goal in launching a debate inside and outside the institutions. This was our aim in the Commission: to summarise for the first time the principles guiding legislation on criminal law so as to strengthen the enforcement of EU policies under the new legal framework of the Lisbon Treaty. Mr de Jong’s report very much follows that objective, and I am really grateful for that.
Clear and transparent rules on when to use European criminal law are crucial, and we fully share the view of the rapporteur that any legislation at EU level must fully respect the principles of subsidiarity and proportionality. We know – and it has been clear from the debate here – that criminal law is a sensitive area, with quite substantial differences between the different Member States. This has to be taken into account. Because of that, it is crucial that we ensure full respect of the rights guaranteed by the Charter of Fundamental Rights and the European Convention on Human Rights for all EU criminal law legislation. We need to understand each other’s systems better in order to be able to assess how we can bring them closer together where this is necessary, while respecting the different legal systems and traditions in all Member States.
EU criminal law to strengthen the enforcement of EU policies is only needed in selected areas, but it can provide significant added value. We have seen this, for example, in the context of environmental crime, where two important directives were adopted in 2008 and 2009. These were the first instruments adopted on criminal law in the ordinary legislative proposal. The fruitful cooperation between the Commission and Parliament on these files has set an example for future work.
We also see the importance of common EU rules when it comes to discussing proposals for criminal law measures to fight insider dealing and market manipulation. It is clear that the EU financial markets can only have investors’ confidence and trust if we send a strong signal in the form of common rules.
In addition to rendering EU policies effective through the introduction of criminal law measures, the Treaty establishes ten ‘euro crimes’ that are both serious and have a cross-border dimension, justifying the need to legislate common minimum rules on definitions of offences and sanctions. Much has been achieved in relation to the latter in the post-Lisbon period, specifically with the adoption of directives on the fight against trafficking in human beings as well as the fight against sexual exploitation of children. Negotiations are being finalised regarding the Cybercrime Directive, and the newly-adopted proposal on the harmonisation of confiscation laws is about to be negotiated.
All these initiatives have so far contributed to the development of Treaty provisions contributing
to a pragmatic interpretation of the concept of common minimum rules in both areas, and they are important frames of reference for further development of criminal law at EU level.
Putting in place a coherent EU criminal policy requires further reflection and discussion on many legal issues. The European Commission has just set up an expert group which will meet for the first time in June, and we will be happy to report once they have met. It will be composed of experienced academics and practitioners in the field. This expert group will be a forum to discuss the challenging and difficult questions which arise when the EU considers criminal law measures and advises on the best way forward.
We fully share the approach set out in the resolution. For instance, our criminal law communication also supports the idea of simpler language to guide EU legislators when they draft criminal law provisions.
So the Commission’s communication last year, and this report – which has received considerable support here – are the starting point for the shaping of a common EU criminal policy, and I look forward to working with Parliament and moving further towards a common goal: a true area of freedom, security and justice."@en1
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