WRITTEN QUESTION P-2339/02

by Hartmut Nassauer (PPE-DE) to the Commission

(22 July 2002)

Subject: Police to be placed under jurisdiction of military courts in Slovakia

The International Union of Police Trade Unions (UISP), the European umbrella organisation representing 18 national police unions, has been informed by its member organisation in Slovakia that the Slovak government is planning to place all police forces under the jurisdiction of

the military courts. The Slovak government justifies this proposal on the one hand by a series of accidents caused by drunken off-duty police officers, and on the other by the allegedly over-indulgent and lenient attitude of the ordinary Slovak courts in disciplining police officers who commit offences, as well as by the courts' heavy workload.

Is the Commission aware of this situation?

Does the Commission's consider the introduction of military courts' jurisdiction over Slovak police officers, on the grounds of the above-mentioned offences committed while off duty, to be compatible with EU law or with the principles of the rule of law, particularly the rule prohibiting arbitrary action?

What is the Commission's view of the alleged causal connection between the above-mentioned attitude of the courts to police officers and the objective of this measure to improve the working of the ordinary courts? Is it then necessary for such improvements in the justice system to be carried out at the expense of the police?

Answer given by Mr Verheugen on behalf of the Commission

(22 August 2002)

The Commission is closely monitoring the measures undertaken by Slovakia in the field of justice and home affairs, including the judicial system. In the Regular Report for 2001 and the Accession Partnership, the Commission noted the importance of establishing an efficient system in Slovakia to redress complaints of police misconduct. In its contacts with the Slovak authorities, the Union has noted the importance it attaches to ensuring that police officers respect human rights. In this connection, the Commission notes that article 6 of the European Convention of Human Rights lays down the principle of the right to a fair trial and that the European Court of Human Rights has held repeatedly that civilians must not be tried before military courts.

Available information indicated that the Slovak government envisaged placing the police force under the jurisdiction of military courts. The Slovak government intended to include this change in the draft amendment to the Code of Criminal Procedure. However, the Commission has been informed that the governmental draft did not find the necessary support in the Slovak Parliament. In June 2002, the Parliament adopted the amendment to the Code of Criminal Procedure, but rejected to approve the above-mentioned provisions.

Overall, the Commission is of the opinion that despite remaining weaknesses Slovakia has taken considerable steps to strengthen the independence and efficiency of the judiciary, inter alia by implementing the relevant provisions of the constitutional amendment adopted in February 2001. The Commission will continue to monitor closely developments concerning the handling of complaints against the police.