WRITTEN QUESTION No. 659/98 by Leonie van BLADEL to the Council. European Office for Legal Aid
Date: 1998-03-16
Institutions: European Parliament, VAN BLADEL
Subjects: EU Member State, EU national, European Convention on Human Rights, bilateral agreement, detention before trial, extradition, legal aid, third country













EUR-Lex - 91998E0659 - EN






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91998E0659

WRITTEN QUESTION No. 659/98 by Leonie van BLADEL to the Council. European Office for Legal Aid  


Official Journal C 323 , 21/10/1998 P. 0061 





WRITTEN QUESTION E-0659/98 by Leonie van Bladel (UPE) to the Council (16 March 1998)Subject: European Office for Legal Aid1. Is the Council aware of the large number of citizens of Member States of the European Union who are being held (for far too long) on remand, both in EU countries and elsewhere?2. Does the Council agree that this has given rise to a situation which violates the European Convention on Human Rights and Fundamental Freedoms, and the United Nations' Universal Declaration of Human Rights?3. Can the Council state as soon as possible how it intends to support subjects of the European Union in their weak legal position?4. Will the Council give consideration to establishing a European Office for Legal Aid in order to guarantee legal assistance for citizens of the European Union in accordance with the standards of the conventions referred to above?Answer (13/14 July 1998)The Council would point out once again that it attaches the utmost importance to safeguarding the principles set out in European Convention on Human Rights and Fundamental Freedoms drawn up on 4 November 1950. All the Member States are party to that Convention. Moreover, Article K.2 of the Treaty on European Union provides that matters arising in that connection shall be dealt with in compliance with that Convention.The Honourable Member will be aware that provisions regarding remand lie within the competence of each Member State and are part of its internal legal order.That said, the various Member States have long since concluded bilateral conventions with third countries and are party to international instruments on criminal law, particularly within the Council of Europe. As regards persons liable to extradition, the Council would point out that the Convention on simplified extradition procedure drawn up on 10 March 1995 between the Member States of the European Union creates the conditions for reducing to a minimum the time necessary for the extradition and any period of detention for extradition purposes where the person consents to his surrender. In addition, proceedings, on which Parliament has been fully consulted in accordance with Article K.6 of the Treaty, are also in progress on the possibility of improving mutual legal assistance between the Member States, thereby speeding up proceedings pending in Member States of the European Union.The Council would nevertheless point out that proceedings on the matters suggested by the Honourable Member are not among the priorities in the area of justice and home affairs set by the Council for the period between 1 January 1998 and the entry into force of the Treaty of Amsterdam; Parliament was consulted on those priorities in accordance with Article K.6 of the Treaty.