A4-0351/97

Proposal for a Joint Action to create a European judicial network (9804/97 - C4- 0428/97 - 97/0911(CNS))

The proposal was approved with the following amendments:

(Amendment 1)

Citation 4

>Original text>

Taking into account the conclusions of the seminar on 'The European Judicial Network and Organized Crime' held in Brussels from 8 May to 10 May 1996 and on 19 and 20 June 1997, which was organized by the Belgian Ministry of Justice within the framework of a programme partly financed by the European Union;

>Text following EP vote>

Taking into account the conclusions of the seminar on 'The European Judicial Network and Organized Crime' held in Brussels from 8 May to 10 May 1996 and on 19 and 20 June 1997, which was organized by the Belgian Ministry of Justice within the framework of a programme partly financed by the European Union, and the work carried out by the European Parliament and the Commission;

(Amendment 2)

Recital 1

>Original text>

Whereas it is necessary to make further improvements to judicial cooperation between the Member States of the European Union, particularly in combating forms of serious crime;

>Text following EP vote>

Whereas it is necessary to make further decisive improvements to judicial cooperation between the Member States of the European Union, particularly in combating all forms of serious crime, which is often carried out by well-organized, and in many cases transnational, groups,

(Amendment 3)

Recital 2

>Original text>

Whereas effective improvement of judicial cooperation between the Member States requires the adoption of structural measures at European Union level, to enable the appropriate direct contacts to be set up between judicial authorities and other authorities responsible for judicial cooperation and judicial action against forms of serious crime within Member States,

>Text following EP vote>

Whereas effective improvement of judicial cooperation between the Member States requires the adoption of structural measures at European Union level, to enable the appropriate direct contacts to be set up between judicial authorities and other authorities responsible for judicial cooperation and judicial action against all forms of serious crime within Member States,

(Amendment 4)

Article 2(1)

>Original text>

1. The European Judicial Network shall be made up, taking into account the constitutional rules, legal traditions and internal structure of each Member State, of the central authorities responsible for international judicial cooperation and the judicial authorities with specific responsibilities within the context of international cooperation, both generally and for certain forms of serious crime, such as organized crime, corruption or drug-trafficking

>Text following EP vote>

1. The European Judicial Network shall be made up, taking into account the constitutional rules, legal traditions and internal structure of each Member State, of the central authorities responsible for international judicial cooperation and the judicial authorities with specific responsibilities within the context of international cooperation, both generally and for all forms of serious crime, such as organized crime, corruption or drug-trafficking

(Amendment 5)

Article 2(3)

>Original text>

3. The contact points shall be designated by name by each Member State. Designations shall be notified to the Council, which shall communicate them officially to the other Member States. Any change in designation of the contact points shall be notified to the Council without delay by each Member State.

>Text following EP vote>

3. The contact points and their substitutes shall be designated by name by each Member State. Designations, and, in the case of any substitutes, details of the tasks delegated to them, shall be notified to the Council, which shall communicate them officially to the other Member States. Any change in designation of the contact points shall be notified to the Council without delay by each Member State.

(Amendment 6)

Article 2(4)

>Original text>

4. Each Member State shall ensure that its contact point or points have an adequate knowledge of a language of the European Union other than the national language, bearing in mind the need to be able to communicate with the contact points in the other Member States.

>Text following EP vote>

4. Each Member State shall ensure that its contact point or points have, preferably, extensive practical experience in combating organized crime, an adequate knowledge of a language of the European Union other than the national language, and of the constitutional provisions, legal traditions and, broadly speaking, the legal procedures of the Member States of the European Union, bearing in mind the need to be able to communicate with the contact points in the other Member States.

(Amendment 7)

Article 2(5)

>Original text>

5. Where the liaison magistrates have duties analogous to those allocated to the contact points by Article 4, they may be linked to the European Judicial Network by the Member State appointing the liaison magistrate in each case, in accordance with the procedures to be laid down by that State.

>Text following EP vote>

5. Where the liaison magistrates referred to in the Joint Action of 22 April 1996 have duties analogous to those allocated to the contact points by Article 4, they may be linked to the European Judicial Network by the Member State appointing the liaison magistrate in each case, in accordance with the procedures to be laid down by that State.

(Amendment 8)

Article 2(6a) (new)

>Text following EP vote>

6a. The composition of the European Judicial Network and the designations referred to in paragraph 3 shall be communicated to the European Parliament.

(Amendment 9)

Article 3, introduction

>Original text>

The European Judicial Network shall operate

in particular in the following three ways:

>Text following EP vote>

The European Judicial Network shall operate with respect for the rights, guarantees and fundamental freedoms of the individual:

(Amendment 10)

Article 3(a) and (b)

>Original text>

(a) it shall facilitate the establishment of appropriate bilateral contacts between the contact points in the various Member States in order to carry out its functions as laid down in Article 4;

(b) it shall organize periodic meetings of the Member States' contact points in accordance with procedures laid down in Articles 5, 6 and 7;

>Text following EP vote>

(a) it shall facilitate the establishment of appropriate direct bilateral or multilateral contacts between the contact points in the various Member States in order to carry out its functions as laid down in Article 4;

(b) it shall organize at regular intervals meetings of the Member States' contact points in accordance with procedures laid down in Articles 5, 6 and 7;

(Amendment 11)

Title II

Title

>Original text>

BILATERAL CONTACTS

>Text following EP vote>

BILATERAL OR MULTILATERAL CONTACTS

(Amendment 12)

Article 4(1), 1st subparagraph

>Original text>

1. The contact points are active intermediaries with the task of facilitating judicial cooperation between Member States, particularly in action to combat forms of serious crime. They shall be available to enable other judicial authorities in their own country, the contact points in the other countries and local judicial authorities in the other countries to establish the most appropriate direct contacts.

>Text following EP vote>

1. The contact points are active intermediaries with the task of facilitating judicial cooperation between Member States, particularly in action to combat all forms of serious crime. They shall be available to enable other judicial authorities in their own country, the contact points in the other countries and local judicial authorities in the other countries to assist and advise them with a view to establishing the most appropriate direct contacts.

(Amendment 13)

Article 4(1), 2nd subparagraph

>Original text>

In carrying out this task, they shall if necessary travel to wherever their services are required. Except where other arrangements are made, the appointing State shall defray all expenses relating to such travel.

>Text following EP vote>

In carrying out this task, they may travel to wherever is appropriate for improved performance of their tasks. Except where other arrangements are made, the appointing State shall defray all expenses relating to such travel.

(Amendment 14)

Article 4(2)

>Original text>

2. The contact points shall provide the legal and practical information necessary to the local judicial authorities in their own country, to the contact points in the other countries and to the local judicial authorities in the other countries to enable them to prepare an effective request for judicial cooperation or to improve judicial cooperation in general.

>Text following EP vote>

2. The contact points shall provide the legal and practical information necessary to the local judicial authorities in their own country, to the contact points in the other countries and to the local judicial authorities in the other countries to enable them to prepare fully, correctly and swiftly a request for judicial cooperation or to improve judicial cooperation in general.

(Amendment 15)

Article 4(3)

>Original text>

3. They shall improve coordination of judicial cooperation in cases where a series of requests from the local judicial authorities in a Member State necessitate coordinated action in another Member State.

>Text following EP vote>

3. They shall improve coordination of judicial cooperation in cases where a series of requests from the local judicial authorities in a Member State necessitate coordinated action in another Member State or in several other Member States. In particular, without prejudice to strict respect for the rights of the parties concerned and the relevant procedures, they shall endeavour to prevent any duplication and, where appropriate, shall promote the circulation of information and the unity of proceedings.

(Amendment 16)

Article 5(1)(ba) (new)

>Text following EP vote>

(ba) to be a point for evaluation and analysis both of the effectiveness of judicial cooperation procedures and of potential new fields of action based on an adequate analysis of past cases,

(Amendment 17)

Article 6(2)

>Original text>

2. In the later phase, the Network will meet on an ad hoc basis as its members feel the need, at the invitation of the Presidency.

>Text following EP vote>

2. In the later phase, the Network will meet on a regular basis at least once a year, on a summons from the Council Presidency, and on an ad hoc basis at the request of representatives of at least two Member States.

(Amendment 18)

Article 7

>Original text>

1. Meetings shall in principle be held on the premises of the Council in Brussels, in accordance with the provisions laid down in the Council's Rule of Procedure.

2. However, alternative meetings in the capitals of the Member States should be contemplated, to enable the contact points of all the Member States to meet the authorities of the host State other than its contact points and visit specific bodies in that State with responsibilities in the context of international judicial cooperation or of combating certain forms of serious crime.

>Text following EP vote>

Meetings shall be held on a rotating basis in the capitals or other major cities of the Member States, on the basis of an agreement between the Council Secretariat and the State concerned, to enable the contact points of all the Member States to meet the authorities of the host State other than its contact points and visit specific bodies in that State with responsibilities in the context of international judicial cooperation or of combating certain forms of serious crime.

(Amendment 19)

Article 8(1)

>Original text>

1. The contact points will be linked by a telecommunications network not more than one year after entry into force of this Joint Action.

>Text following EP vote>

1. The contact points will be linked by a telecommunications network as soon as possible, and at the latest within one year of the entry into force of this Joint Action.

(Amendment 20)

Article 9, introduction

>Original text>

The contact points must have permanent access via the telecommunications system to the following four types of information:

>Text following EP vote>

The contact points must have permanent access via the telecommunications system to the following five types of information:

(Amendment 21)

Article 9(4a) (new)

>Original text>

.

>Text following EP vote>

4a. The list of cases concluded or pending in every case where there is evidence of a link, in accordance with defined procedures,

(Amendment 22)

Article 10(2)

>Original text>

2. It shall be each Member State's individual responsibility to check the accuracy of the data contained in the system and to inform the Council immediately as soon as data on one of the four points referred to in Article 9 need to be amended.

>Text following EP vote>

2. It shall be each Member State's individual responsibility to check the accuracy of the data contained in the telecommunications system and to inform the Council immediately as soon as data on one of the five points referred to in Article 9 need to be amended.

(Amendment 23)

Article 10(3a) (new)

>Text following EP vote>

3a. The contact points will make every effort to notify the Council Secretariat of suspected or proven inaccuracies in the information.

(Amendment 24)

Article 12, 2nd paragraph (new)

>Text following EP vote>

This Joint Action shall apply, in so far as it is still in force at the time, as of the entry into force of the Treaty of Amsterdam as a Decision within the meaning of Article K.6(2)(c) thereof.

(Amendment 25)

Article 13, 1st subparagraph

>Original text>

The Council shall carry out an initial assessment of the operation of the European Judicial Network at the end of the start-up phase, which expires one year after the entry into force of this Joint Action.

>Text following EP vote>

The Council shall carry out an initial assessment - contained in a report which shall be forwarded without delay to the European Parliament and the Commission - of the operation of the European Judicial Network at the end of the start-up phase, which expires one year after the entry into force of this Joint Action.

(Amendment 26)

Article 13, 2nd subparagraph

>Original text>

Thereafter the Council shall, every three years, on the Presidency's initiative, carry out an assessment of the operation of the European Judicial Network on the basis of a report drawn up by the Network.

>Text following EP vote>

Thereafter the Council shall, each year, on the Presidency's initiative, carry out an assessment of the operation of the European Judicial Network on the basis of a report drawn up by the Network. That report and the Council's assessment shall be forwarded without delay to the European Parliament.

(Amendment 27)

Article 13, 3rd subparagraph

>Original text>

When the first triennial report is examined, the Council shall look at the place and role that the Network might fulfil vis-à-vis Europol, on the basis of experience of the operation of the Network and of the extension of Europol's powers.

>Text following EP vote>

At the end of the European Judicial Network's first three years in operation, the Council shall look at how the network might develop and take on new tasks and what place it might fulfil vis-à-vis Europol, on the basis of experience of the operation of the Network and of the extension of Europol's powers, as described in political guideline 10 of the Action plan to combat organized crime referred to in the third citation of this Joint Action. The Council shall further ensure that the categories of responsibilities laid down under existing joint actions in the area of judicial cooperation do not overlap or contradict each other, and do not overlap with or contradict responsibilities assigned to Europol.

Legislative resolution embodying Parliament's opinion on the proposal for a Joint Action to create a European judicial network (9804/97 - C4-0428/97 - 97/0911(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the proposal by the Council, (9804/97 - 97/0911 (CNS)),

- having been consulted by the Council pursuant to Article K.6, (second paragraph), of the Treaty on European Union (C4-0428/97),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report by the Committee on Civil Liberties and Internal Affairs and the opinion of the Committee on Legal Affairs and Citizens' Rights (A4-0351/97),

1. Approves the proposal by the Council, subject to Parliament's amendments;

2. Calls on the Council to alter its proposal accordingly;

3. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

4. Asks to be consulted again should the Council intend to make substantial modifications to its original proposal;

5. Instructs its President to forward this opinion to the Council and Commission.