B4-0457/97

Resolution on the creation of a European legal and judicial area to protect the European Union's financial interests against international crime

The European Parliament,

- having regard to the conclusions of the hearing held on 15 and 16 April 1997 on the protection of the European taxpayer through the creation of a common penal and judicial area,

A. having regard to the growing demand for security and justice on the part of European citizens, who find it intolerable that criminal organizations should take advantage of the delays and inconsistencies in European judicial cooperation,

B. whereas the institutional structure of the third pillar concerning judicial cooperation in criminal matters between the Member States of the European Union is currently unable to satisfy this demand,

C. whereas the international conventions drawn up within the Community framework on mutual judicial assistance and approximation of criminal laws have not yet been applied because of the absence of the instruments of ratification,

D. whereas even if these conventions, notably the Convention on the Protection of the Community's Financial Interests, were to secure the necessary ratification and were transposed into domestic law, they would not guarantee equivalent protection in each Member State,

1. Calls again on the Intergovernmental Conference to amend the text of the Treaty so as to:

- allow majority voting within the Council and a right of initiative for the Commission,

- associate the European Parliament with the decision-making process,

- give the Court of Justice competence for preliminary rulings

- establish a legal base for anti-fraud legislation under the co-decision procedure;

2. Calls on the parliaments and governments of the Member States of the Union to press ahead as a matter of urgency with the procedures for ratifying the international conventions on judicial cooperation in criminal matters;

3. Calls on the Council to make representations to the governments and parliaments of the Member States to ensure that ratification of the Convention on the Protection of the Community's Financial Interests and the attached protocols is completed by mid-1998;

4. Stresses that, if the convention is not ratified within this period, it will be necessary to invite the Commission to exercise its powers of legislative initiative under the EC Treaty;

5. Stresses that, in this connection, the 'corpus juris' for the protection under criminal law of the Community's financial interests drawn up by a group of experts coordinated by the Commission is an important initiative in the field of joint European legislation and criminal procedure and that any legislative initiative taken by the Commission could seek to implement aspects of this text;

6. Considers, however, that the Commission should immediately launch a technical and constitutional initiative to ascertain whether the main elements of the legislation contained in the 'corpus juris' could be incorporated into national law;

7. Undertakes to promote a comparative study in this respect with the parliaments of the Member States;

8. Considers it is possible to establish a Community responsibility for providing coordination and technical support for national courts in respect of cross- border crime affecting the Community budget; stresses that, with this in view, it will be necessary to provide the body responsible for the protection of the Community's financial interests and for combating fraud with:

- the necessary specialist knowledge of national legal and judicial systems;

- the autonomy inherent in the exercise of this function;

- if necessary, a legal basis in as far as this is required by the new functions to be carried out;

9. Instructs its President to forward this resolution to the Commission, the Council and the governments and parliaments of the Member States.