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Brussels, 19.5.2005

SEC(2005) 641

COMMISSION STAFF WORKING PA PER

Annex to the COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT on the mutual recognition of judicial decisions in criminal matters and the strengthening of mutual trust between Member States

{COM(2005)195 final}

ANNEX

MUTUAL RECOGNITION OF JUDICIAL DECISIONS IN CRIMINAL MATTERS: TABLE OF MEASURES TO BE TAKEN

OBJECTIVE | METHOD OF APPLICATION | TIMETABLE |

MUTUAL RECOGNITION IN THE PRE-TRIAL PHASE OF CRIMINAL PROCEEDINGS. |

Collection of evidence | Improve the taking of evidence regime through the adoption of the European warrant for obtaining evidence. The European evidence warrant is the first phase applying mutual recognition to the taking of evidence in the pre-trial phase. | Council Framework Decision on the European Evidence Warrant for obtaining objects, documents and data for use in proceedings in criminal matters (JO C 96 of 21.04.04 p 27) | Presented by COM in November 2003 Adoption end 2005 |

The intention is to extend the principle of mutual recognition to all types of evidence, to bring together all the instruments in this regard into a single consolidated instrument to facilitate the taking of criminal evidence anywhere in the European Union, and also to replace existing relevant measures on mutual legal assistance. | Council Framework Decision completing the European Evidence Warrant | To be proposed by COM in 2008 |

Mutual recognition and non-custodial pre-trial supervision measures. | Apply the mutual recognition principle to non-custodial pre-trial supervision measures. | Council Framework Decision on the mutual recognition of non-custodial pre-trial supervision measures | To be proposed by COM in 2nd semester 2005 |

MUTUAL RECOGNITION AND FINAL DECISIONS |

Mutual information on convictions | Improve the current system of exchange of information on criminal convictions. | Council Decision on the exchange of information extracted from the criminal record | Proposed by COM in October 2004 |

Analyse the current situation related to the exchange of information on convictions or related to the use of such information and propose a way forward to improve such exchanges. | White Paper on exchanges of information on criminal convictions and the effect of such convictions in the EU. | Presented by COM in January 2005 |

Ensure the availability of information on criminal convictions between Member States | Council Framework Decision on transmission to and keeping by the Member State of nationality of information on criminal convictions | To be proposed by COM in July 2005 |

Create an index of non EU nationals convicted in an EU Member State | Communication on the feasibility of an index of non EU nationals convicted in an EU Member State | To be proposed by COM in 2005 |

The principle of ne bis in idem | Ensure that the principle of ne bis in idem is effective throughout the EU and that a final decision made in one Member State is recognised in another. | Green Paper on conflicts of jurisdiction and double jeopardy (ne bis in idem) Council Framework Decision on conflicts of jurisdiction and ne bis in idem principle | To be presented by COM in 2005 To be proposed by COM in 2006 |

Taking into account convictions in criminal proceedings in other Member States | Ensure that every Member State accords the same effect to a conviction recorded in its territory as to one recorded in another Member State in new criminal proceedings. | Council Framework Decision on the taking into account of convictions between the Member States of the EU in new criminal proceedings | Proposed by COM in March 2005 |

Enforcement of convictions | Ensure that it should be possible to enforce in one Member State a sentence passed in another Member State. This should cover in addition to custodial sentences, non-custodial sentences, suspended sentences and the eventual removal of the sentence. | Council Framework Decision on the European criminal conviction and on the transfer of sentenced persons to their home Member State for the purpose of enforcing their sentence within the framework of relations between Member States of the EU Council Framework Decision on the recognition and enforcement of alternative sanctions and on probation. | Proposed by AT, FI et SE in Jan 2005 To be proposed by COM in 2007 |

Mutual recognition of disqualifications | Ensure that throughout the EU disqualified persons are prevented from carrying out those activities for which the disqualification applies. | Communication on disqualifications following a criminal conviction | To be presented by COM in 2005 |

Ensure that driving disqualifications issued in one Member State will be recognised and enforced throughout the EU (reformatting the 1998 Convention on driving disqualifications). | Council Framework Decision applying the principle of mutual recognition to driving disqualifications | To be proposed by COM in 2006 |

Ensure that disqualifications to work with children arising from convictions for sexual offences committed against children are effective throughout the EU. | Council Framework Decision on the recognition and enforcement in the European Union of prohibitions arising from convictions for sexual offences committed against children | Proposed by BE in November 2004 |

REINFORCE MUTUAL CONFIDENCE THROUGH LEGISLATIVE MEASURES |

Guarantees in the criminal process | Ensure that those involved in criminal proceedings benefit from certain minimum rights applicable throughout the EU. | Council Framework Decision on certain procedural rights applying in proceedings in criminal matters throughout the European Union | Proposed by COM in April 2004. Adoption end 2005 |

The principle of the presumption of innocence. | Examine the various concepts of the presumption of innocence throughout the EU with a view to reinforcing the principle and determining its eventual limits. | Green Paper on the presumption of innocence | To be presented by COM in 2005 |

Minimum standards of evidence taking | Ensure that evidence taken in one Member State can be used in any other through the development of minimum rules on its handling and disclosure. Ensure that minimum standards are developed in relation to the taking of evidence. | Green Paper on handling of evidence Council Framework Decision on the presumption of innocence and minimum standards relating to the taking and handling of evidence | To be presented by COM in 2006 To be proposed by COM in 2007 |

Decisions made in absentia. | Identify problems related to decisions made in absentia and possible solutions. | Green Paper on default (in absentia) judgments Council Framework Decision on default (in absentia) judgments | To be presented by COM 2006 To be proposed by COM in 2007 |

Conflicts of jurisdiction. | Ensure transparency in relation to the choice of jurisdiction for commencing criminal proceedings where several Member States may claim jurisdiction. Identify the criteria or mechanisms for establishing jurisdictional competence. | Green Paper on conflicts of jurisdiction and double jeopardy (ne bis in idem) Council Framework Decision on conflicts of jurisdiction and double jeopardy (ne bis in idem) | To be presented by COM in 2005 To be proposed by COM in 2006 |

Approximation of legislation | Focus on evaluation of implementation of adopted instruments. | Evaluation reports and procedural consequences of the new Treaty | Ongoing |

Identify at the EU level, types of penalties, beyond custodial sentences, which should be approximated. Follow up of the Green paper on sanctions to analyse and reflect on concepts such as criminal responsibility of legal persons. | Council Framework Decision on the approximation of criminal sanctions | To be presented by COM in 2007 |

REINFORCE MUTUAL CONFIDENCE THROUGH PRACTICAL ACCOMPANYING MEASURES |

Evaluation mechanisms. | Evaluate concrete needs in the area of judicial co-operation including potential obstacles to the adoption of new instruments. Develop tools available to the Commission to analyse judicial practices. | Systematic impact assessment before presenting new legislative proposals. |

General evaluation of national judicial systems to ensure they correspond to high standards. Develop an objective and impartial system of evaluation of the implementation of EU policies whilst respected the independence of the judiciary. | Communication on evaluation of the quality of justice | To be presented by COM in 2006 |

Professional networks in the justice field Judicial training | Improve mutual understanding between judicial authorities and different judicial systems by supporting networks of organisations and judicial institutions with which the Commission has already had contact. Increase meetings between professionals in this area and support the examination and reflection of EU instruments and of themes of EU wide relevance. Improve the training of the judiciary in the European Union. | AGIS Programme (Also Exchange programme for judicial authorities – currently pilot project) Framework Programme Justice and Fundamental Rights under the new Financial Perspectives (2007-2013) AGIS Programme Communication on judicial training in the EU | 2001-2006 To be presented by COM in 2005 2001-2006 To be presented by COM in 2005 |

Quality based justice | Improve the quality of justice in Member States by supporting, in particular, exchanges between countries in relation to subjects such as support for the victims of crime, modernisation of tribunals, language training, or the improvement in the access to justice. | Framework Programme Justice and Fundamental Rights under the new Financial Perspectives (2007-2013) | Presented by COM in April 2005 |