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(2004/C 88 E/0546)

WRITTEN QUESTION E-0786/04

by Proinsias De Rossa (PSE) to the Commission

(11 March 2004)

Subject:   Police cooperation and human rights

Seeking to step up the fight against cross-border terrorism and organised crime, the Irish Presidency has prioritised the achievement of greater collaboration between police, customs and security services in all Member States.

Will the Commission guarantee that arrangements for cooperation between law enforcement services in Member States respect international human rights standards and best practices? Does the Commission intend to press for the inclusion of provisions for accountability so that the services concerned are able to ensure complete protection of human rights?

Answer given by Mr Vitorino on behalf of the Commission

(29 April 2004)

All arrangements for cooperation between law enforcement services set up by instruments adopted under Title VI of the Treaty on the European Union are carefully considered with regard to their compatibility with Article 6 of the Common Provisions of that Treaty.

The Commission has always been particularly mindful of the need to reconcile a policy of enhancing security with full respect for fundamental rights and freedoms and the rule of law. Respect for the rule of law and fundamental rights is an absolute requirement of the legality of all public action. The Commission's mission is to promote this balance throughout the Union, where appropriate, by building up the necessary legislative framework, in order to achieve the Union's major objective of creating and promoting an area of freedom, security and justice.

Legal measures adopted by the European Union fully respect the principles recognised by Article 6 of the Treaty on the European Union and reflected in the Charter of Fundamental Rights of the European Union. Where relevant, some Framework Decisions include specific reference to this respect for human rights in their preamble, for example, the Framework Decision on the European arrest warrant and the Framework Decision on Combating Terrorism both of 13 June 2002.

Moreover, all current as well as future Member States have endorsed Recommendation Rec (2001)10 of 19 September 2001 of the Committee of Ministers of the Council of Europe to Member States on the European Code of Police Ethics (1), that highlights the need to establish common European principles and guidelines for i.a. the accountability of the police to safeguard security and individual's rights in democratic societies governed by the rule of law. The principle of accountability is set out in further detail in paragraphs 15 and 16: Member States are responsible for exercising independent supervision of the police along the principles laid down.

When implementing Union law, Member States and their law enforcement services must respect the fundamental rights recognised by Article 6 of the Treaty on the European Union and reflected in the Charter of Fundamental Rights of the European Union and international instruments which, as general principles of law, are an integral part of Union law and protected by it.

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(1)  http://www.supremecourt.ge/english/Annex2.pdf.

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