Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-09-01-Speech-1-082"
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"en.20080901.17.1-082"2
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"Madam President, I should like to say a few words in my capacity as a shadow rapporteur on the other two reports and to thank Mrs Kaufmann for the way we worked together, and Mr França for his work. There were 57 compromise amendments in his report, which says something about the level of work we put in.
Concerning the report on decisions rendered
probably the most sensitive aspect relates to the fact that, in some Member States, when judgments are rendered in the absence of the defendant, the solution is to have a retrial, thus fully respecting the European Convention on Human Rights (Protocol No 7, Article 2) and the International Covenant on Civil and Political Rights, whereas other countries recognise only the right to an appeal.
Unfortunately, the proposal in this report is not about harmonising current legislation in the 27 Member States. Although we should aim at having a European legislation in the future, for the time being we have done our best, at least by ensuring that even in the appeal the defendant enjoys the procedural guarantees as provided for by Articles 5 and 6 of the European Convention on Human Rights.
I should like to conclude by saying that the good functioning of the principle of mutual recognition of judicial decisions requires a high level of mutual confidence between the Member States, and this confidence must be based on a common observance of human rights and fundamental principles."@en1
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