Local view for "http://purl.org/linkedpolitics/eu/plenary/2001-05-17-Speech-4-236"

Predicate	Value (sorted: default)
rdf:type	lpv_eu:Speech2
dcterms:Date	"2001-05-17"^^xsd:date2
dcterms:Is Part Of	lp_eu:Mutual recognition of final decisions in criminal matters2
dcterms:Language	"it"^^xsd:language2
lpv:document identification number	"en.20010517.12.4-236"2
lpv:hasSubsequent	lp_eu:2001-05-17-Speech-4-2372
lpv:speaker	lp:Elena Ornella Paciotti2
lpv:spokenAs	member; Delegation for relations with the Mashreq countries and the Gulf (1999-10-06--2002-01-14)3 unknown; Democratici di Sinistra (1999-07-20--2004-07-19)3 member; Temporary committee on human genetics and other new technologies in modern medicine (2000-12-13--2001-11-29)3 member; Committee on Women's Rights and Equal Opportunities (1999-07-21--2002-01-14)3 substitute; Temporary committee on the Echelon interception system (2000-07-06--2001-09-05)3 member; PES (1999-07-20--2004-07-19)3 member; Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (1999-07-21--2002-01-14)3 substitute; Committee on Legal Affairs and the Internal Market (1999-07-22--2002-01-14)3
lpv:translated text	"Mr President, I fully agree with Mrs Palacio. The excellent report by Mr Di Lello deals thoroughly with all the important aspects of a complex problem which, however, needs to be solved swiftly so that the European Union can become an area of freedom, security and justice. The problem of mutual recognition of final decisions in criminal matters arises of course from the irreducible – at least in the short term, and here I agree with Mr Posselt – diversity of the legal and judicial systems of the various countries in the European Union. It can therefore be solved only if on the one hand we start from precise, shared definitions of the notions of final decision and criminal matters, which can apply to all the various systems – thorough definitions that are fully satisfactory are given in both the Commission communication and the Di Lello Finuoli report – and on the other hand if mutual trust is created among the Member States regarding the adequacy of each other’s systems of laws and the correctness of their procedures. Now, this trust may be founded on the shared respect for fundamental rights, ensured by, amongst other things, the supervision by the European Court of Human Rights, which may be further guaranteed by common minimum standards that may be adopted on specific aspects of procedural law in matters of respect for the right to a defence or victims’ rights. In addition, to overcome the irreconcilable nature of certain ideas of principle as regards the punishability of controversial acts – the examples of euthanasia or abortion have been given here – one simply needs to exclude mutual recognition in relation to a few limited and exceptional criminal acts. In this way we can overcome the traditional requirement of dual criminality and avoid the slowness and difficulties of having to decide on recognition for every decision in every country, which, I can personally assure Mr Posselt, is a slow process that really hinders the proper application of penalties, as my former experience as a magistrate can testify. Well, having thus properly set out the solution to the basic problem, the Di Lello Finuoli report then deals with technical and sensitive issues regarding the various ways of carrying out a sentence, the costs of carrying it out, and the system for calculating penalties in the event of multiple sentences, since they cannot always be simply added together when the crimes are connected, and suggests appropriate solutions, which can all be fully shared. I too therefore invite Parliament to approve this important and thoroughly well argued report without reservation."@en1
lpv:unclassifiedMetadata	"(Applause)"1

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