WRITTEN QUESTION E-2680/98

by Gerhard Hager (NI) to the Commission

(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. Is the Commission drawing up further measures at the present time to speed up and enhance the effectiveness of judicial cooperation?

2. Does it know whether steps will be taken in this area in the near future?

Answer given by Mrs Gradin on behalf of the Commission

(29 September 1998)

Fighting against organised crime is not only a priority of the Austrian Presidency, but a pressing necessity identified by the Community as such. The Amsterdam European Council in June 1997 endorsed an action plan to combat organised crime(1), which contains numerous measures and initiatives to be taken within a determined time schedule, in particular with regard to judicial cooperation. The recommendations of the action plan are under constant monitoring and a first report on their implementation was submitted at the European Council in Cardiff in June 1998.

Among the measures which were recently adopted, it is worth mentioning the joint action creating a European judicial network(2), the purpose of which is to enable appropriate direct contacts to be set up between judicial authorities and other authorities responsible for judicial cooperation and action against forms of serious crime within Member States, as well as the joint action on good practice in mutual legal assistance in criminal matters, which provides for concrete practical improvements. The Parliament issued an opinion on all those drafts.

A number of further instruments are under discussion, including a draft joint action on identification,tracing, freezing or seizing and confiscation of instrumentalities and the proceeds from crime and a draft convention on mutual assistance in criminal matters(3), which builds on the 1959 European Convention and its additional Protocol for enhanced assistance between Member States.

Under the Treaty on European Union, the Commission itself is not entitled to draw up proposals in the field of judicial cooperation in criminal matters. It is however managing the Grotius programme of incentives and exchanges for legal practitioners(4) which, by developing mutual understanding and fostering mutual confidence, facilitates assistance and cooperation. Moreover, in the perspective of the entry into force of the Amsterdam Treaty, the Commission issued a communication "Towards an area of freedom, security and justice"(5), in which it set out the issues which in its view should be addressed to realise that goal. The European Council in Vienna will consider the concrete steps and timetable for meeting the objectives set up by the new Title IV of the Treaty.

(1) OJ C 251, 15.8.1997.

(2) OJ L 191, 7.7.1998.

(3) OJ L 191, 7.7.1998.

(4) OJ L 287, 8.11.1996.

(5) COM(98) 459 final.