Local view for "http://purl.org/linkedpolitics/eu/plenary/2011-12-14-Speech-3-461-000"
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"en.20111214.29.3-461-000"2
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"Mr President, I would like to join you in your season’s greetings to the Presidency of the Council, the Commission and all our colleagues, and would like to recall that we have supported enhancing judicial cooperation in criminal matters to establish a true European judicial area and promote quick and effective legal assistance, respecting the fundamental right to defence, procedural guarantees and general human rights principles.
Judicial cooperation in criminal matters must be guided by trust between Member States, founded on the principal of mutual recognition of sentences and judicial decisions. We know that Member States continue to be responsible for detention conditions and prison management, as the President-in-Office of the Council reminded us, but there cannot be mutual trust without respect for fundamental rights and without efforts to bring the rights of suspects and defendants and procedural rights in criminal proceedings into alignment.
There is still a great deal of variation in detention conditions between Member States. In some Member States, these conditions are below acceptable levels, which not only puts judicial cooperation in criminal matters at European Union level at risk, but also raises concerns about the protection of fundamental rights and the possible violation of the Charter of Fundamental Rights.
There are significant differences in terms of prison overcrowding, inadequate prison buildings, high numbers in pre-trial detention and the average time spent in pre-trial detention. As Vice-President Kallas has already noted, these circumstances undermine mutual trust and cause problems when it comes to executing the decision taken with regard to the European arrest warrant. There have been several refusals to surrender detainees under the European arrest warrant by different Member States.
We want to call on the European Commission to create common minimum standards. I hope that the Commission can present an initiative, taking into consideration the results of the public consultation launched by the Green Paper referred to by Commissioner Kallas. I call on the Member States, through the President-in-Office of the Council, to urgently take steps that will ensure that the fundamental rights of prisoners, in particular, the rights of vulnerable people, are respected and protected, and to support the application of common minimum detention standards across the European Union."@en1
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