WRITTEN QUESTION E-2679/98

by Gerhard Hager (NI) to the Council

(1 September 1998)

Subject: Judicial cooperation

Organised crime is a priority issue for the Austrian Presidency. Inadequacies in the judicial cooperation system foster every form of cross-border crime. To speed up and enhance the effectiveness of legal relations, the Council has adopted a joint action to facilitate direct contacts among authorities. Another measure intended to serve the same purpose is a proposal currently under discussion to improve judicial assistance procedures, which, however, fails to address key questions. Further steps are absolutely essential in order to tighten up judicial assistance and extradition procedures.

1. Will the current Presidency make any moves to speed up and enhance the effectiveness of judicial cooperation?

2. If so, what will be the substance of its proposals, and what form will they take?

3. If not, why is the Presidency neglecting to explore the avenues open to it?

Reply

(9 November 1998)

The Austrian Presidency is fully committed to the strengthening of arrangements in the field of judicial cooperation in criminal matters between the Member States of the European Union. This is a topic which was identified as a priority in the Action Plan to Combat Organized Crime(1) approved by the Amsterdam European Council and the Presidency recognizes that, while a significant amount has been achieved in that area in recent years, there is a need to ensure that further progress is made as quickly as possible.

Under the Austrian Presidency the main focus of attention in the field of judicial cooperation will be the completion of the draft Convention on Mutual Assistance in Criminal Matters which will enhance and update, as between EU Member States, the provisions of a number of very important international instruments. Work on the draft Convention is at an advanced stage and the Presidency is making every effort to enable it to be brought to a successful conclusion with the minimum of delay.

While the draft mutual assistance Convention is concerned with a wide range of matters, it is undoubtedly the case that there are other judicial cooperation issues which could usefully be addressed at EU level. Rather than hold up the adoption of the Convention, it has been agreed that the relevant additional issues should be considered separately. This is a project which is currently being taken forward by the Austrian Presidency.

Another major priority for the Austrian Presidency has been to secure the effective establishment and functioning of the EU judicial network which was established by way of a Joint Action adopted on 29 June 1998(2). The primary purpose of the new network, is to promote contacts and communication between practitioners with a view to reducing difficulties and delays that could otherwise arise in relation to requests for judicial cooperation.

It should also be noted that, under the Joint Action adopted on 5 December 1997(3) for evaluating the application and implementation at national level of international undertakings in the fight against organized crime, an evaluation process is under way in respect of judicial cooperation arrangements in operation in Member States.

As a further contribution to the improvement of judicial cooperation, the Austrian Presidency has organized a conference on the future of judicial cooperation in criminal matters in Europe which took place in Innsbruck from 28 to 30 September 1998. The conference examined and discussed current judicial cooperation problems.

(1) OJ C 251, 15.8.1997, p. 1.

(2) OJ L 191, 7.7.1998, p. 4.

(3) OJ L 344, 15.12.1997, p. 7.