Parliament today backed a report by Renate Weber (PNL, RO) on the Council framework decision on prevention and settlement of conflicts of jurisdiction in criminal proceedings. The ALDE rapporteur though was critical about the way the legislation had been handled by Council after making substantial changes to its first draft and having already consulted Parliament and thus requiring a second consultation. She furthermore invited the Council not to adopt the Decision before the entry into force of the Lisbon Treaty, to ensure full powers of judicial review for the European Court of Justice and co-decision powers for the EP.
"The current proposal and the entire procedure for its adoption is a good example of how we should not legislate within the EU."
"Apart from the explicit reference to the "ne bis in idem" principle (condemning the same person twice for the same offence in different Member States), the proposal does not change much the current situation. Rather it is merely about exchanging information. This is why the Commission already announced it would come up with a new proposal on the same subject. However, in the European Parliament we took our work very seriously, we worked hard and in good faith during the last mandate and this one to produce a more effective piece of legislation."
"For the ALDE Group the rights of the individual formally charged is a high priority and I am therefore glad that my report provides for consistent procedural safeguards," concluded Weber.
The proposal sets:
- a procedure for establishing contacts between the competent authorities of Member States, with a view to confirming the existence of parallel criminal proceedings in respect of the same facts involving the same person(s);
- rules on the exchange of information, through direct consultations, between the competent authorities of two or more Member States conducting such parallel criminal proceedings(s), with a view to reaching a consensus on any effective solution aimed at avoiding the adverse consequences arising there from.
