The European
Parliament adopted by 427 votes to 49 with 9
abstentions a resolution on the development of an EU
criminal justice area. Parliament addressed certain recommendations to
Council, inter alia, that there should be adopted:
- an ambitious
legal instrument on procedural safeguards in criminal proceedings, based
on the principle of presumption of innocence. Parliament also enumerated
the safeguards which are necessary, such as the right to legal advice,
and the right to be informed in a language understandable by the
suspect/defendant of the nature of the charges;
- a
comprehensive legal framework offering victims of crime the widest
protection, including adequate compensation and witness protection,
notably in organised crime cases;
- a legal
instrument on the admissibility of evidence in criminal proceedings;
- measures to
fix minimum standards for prison and detention conditions and a common
set of prisoners' rights in the EU, including, among others, the right
of communication and consular assistance;
- measures to
act as prime mover of civil society in their efforts to combat mafias
and take action with a view to the adoption of a legislative instrument
on confiscation of the financial assets and property of international
criminal organisations and on their re-use for social purposes.
The
recommendations also stressed the need to do the following:
- effectively
implement the mutual recognition principle in the area of criminal
justice, giving due attention to the implementation and daily
application of the European Arrest Warrant;
- take stock
of the current state of judicial cooperation in criminal matters within
the EU, considering both shortcomings and progress;
- establish a
committee of wise persons (jurists) with the task of preparing a study
on similarities and differences between the criminal law systems of all
Member States and submit proposals for the development of an EU criminal
justice area that will balance effectiveness in criminal proceedings
with safeguarding individual rights;
- set up,
together with other organisations in this field, an objective and
continuous monitoring and evaluation system of the implementation of EU
policies and legal instruments in this area, as well as of quality and
efficiency, integrity and fairness of justice;
- take stock
of the current state of judicial training in the EU, and take immediate
action in order to promote the creation of a genuine EU judicial culture
by creating a European Judicial School for judges, prosecutors, defence
lawyers and others involved in the administration of justice;
- urge Member
States to implement without delay the Council Decision on the
strengthening of Eurojust and to encourage national authorities to
involve Eurojust in the early stages of the cooperation procedures. The
recommendation suggests examination of Eurojust's competences on
the resolution of conflicts of jurisdiction and power to undertake
investigations or prosecutions.
Lastly,
Parliament suggested that the Council should pay due attention to advantages
offered by new technologies to strengthen the role of the "Justice
Forum", to share data, updating existing databases such as the customs'
databases, which are essentials in fighting smuggling and human trafficking.
It should also ensure respect for fundamental rights and notably a high level
of protection of the privacy of individuals with regard to the processing of
personal data in the framework of police and judicial cooperation in criminal
matters.