WRITTEN QUESTION E-2253/99

by Cristiana Muscardini (UEN) to the Commission

(1 December 1999)

Subject: Italy and the European area of justice

The Presidency conclusions of the European Council in Tampere state that in a genuine European area of justice individuals and businesses should not be prevented or discouraged from exercising their rights by the incompatibility or complexity of legal and administrative systems in the Member States. In order to achieve this objective an information campaign is proposed, together with the publication of appropriate user guides on judicial cooperation within the Union and on the legal systems of the Member States. Will the information provided include details of the serious cases of injustice which have occurred in Italy? The sense of insecurity spreading through the country, together with the growing feeling that offenders are going unpunished, is borne out by statements made by judges that the code of criminal procedure is inadequate and that the Italian legal system is bankrupt and on the verge of paralysis. These words of warning are backed up the alarming fact that in 1998 alone the statute of limitations was exceeded in 130 000 cases, a trend that seems to be on the increase.

1. What is the Commission's opinion regarding the conditions needing to be met in order to be part of the European area of justice?

2. Does it not consider that inclusion in this area is incompatible with the continued existence of penal codes seen as inadequate by those who operate them?

3. Does it not share the view of many Italian citizens that the Union should intervene and recommend reforms of the legal system to the Italian Government to prevent the serious anomalies and injustices with which the system is riddled?

4. Does it not believe that, unless serious reforms are undertaken, the inclusion of Italy in the European area of justice could generate imbalance and instability?

Answer given by Mr Vitorino on behalf of the Commission

(20 December 1999)

The Commission sees its task as putting information at citizens' disposal by contributing to the launch of an information campaign and to the publication of appropriate user guides on judicial co-operation within the Union and on the legal systems of the Member States, as foreseen by conclusion No 29 of the Tampere European Council. Citizens should thus be able to know their rights, which is a prerequisite for them to exercise them. The Commission does not think that this goal would be furthered by trying to include in the material chapters any alleged miscarriages of justice in one or several Member States.

The European area of justice is one of the objectives of the Union, as foreseen by Article 29 (ex-Article K1) of the Treaty on European Union. Therefore, it is for the Union to take measures at its level. It is not for the Union to interfere with the administration of justice in the Member States, as long as it is carried out in line with the legal requirements imposed by the treaties and the legal instruments adopted in accordance therewith. There are no requirements on Member States' penal codes or penal procedure codes as such. Only the parts dealing with subjects covered by above-mentioned legal instruments need to be aligned.

All the Member States are bound by the 1950 Council of Europe Convention for the protection of human rights and fundamental freedoms, which in its Article 6 covers the right to a fair trial. Article 7 (ex-Article F1) of the Treaty on European Union foresees that the Council may take sanctions against a Member State for breaches of fundamental rights, including those foreseen in the above-mentioned convention. This, however, is only foreseen for serious and persistent breaches.