WRITTEN QUESTION E-3314/01 by Jorge Hernández Mollar (PPE-DE) to the Commission. Charter of rights of users of the legal system.
Date: 2001-11-28
Institutions: European Parliament, Provisional data
Subjects: legal aid, legal system, right to justice, victim

20.6.2002

EN

Official Journal of the European Communities

C 147 E/151

The Commission refers to its Report of 13 November 2001, ‘Follow-up of the European Council of
4.
the situation in the European tourism sector’ (2). While its Communication ‘Working
21 September:
together for the future of European tourism’ (3), of the same day, aims at making the European tourist
market more attractive, any approach to make it less expensive is a choice to be taken by the enterprises
of the sector. However, in general, Europe’s competitive advantages on the global travel market are not to
be seen in terms of low prices, but of a high quality and sustainable tourist product, benefiting from the
highest density of tourist attractions world-wide and avoiding long distances to enjoy an optimal tourist
experience.

The Community, contrary to the American administration, does not have at its disposal financial
5.
resources for supporting air transport (or other) industry. In its 10 October Communication it outlined in
which way it intends to apply the state aid rules, should Member States wish to take such measures.

The Commission refers to the above mentioned documents of 10 October 2001 and 13 November

6.
2001.

7.
Following the Communication of 10 October 2001 in which the Commission considered that the
closure of American airspace and the subsequent changes to services constitute exceptional circumstances,
the Commission has proposed to modify Council Regulation (EEC) No 95/93 of 18 January 1993 on
common rules for the allocation of slots at Community airports (4) in the aim to ensure that all co-
ordinators apply the regulation uniformly so that airlines do not risk losing their unused slots during the
summer 2001 and the winter 2001/2002 scheduling seasons.

(1) COM(2001) 574 final.
(2) COM(2001) 668 final.
(3) COM(2001) 665 final.
(4) OJ L 14, 22.1.1993.

(2002/C 147 E/158)

WRITTEN QUESTION E-3314/01

by Jorge Hernández Mollar (PPE-DE) to the Commission

Subject: Charter of rights of users of the legal system

(28 November 2001)

Several prominent legal experts in the Community have suggested that there is an urgent need at Union
level for a charter of rights of users of the legal system, in order to ensure that users are dealt with in a fair
and proper fashion in language that
they can understand and are enabled to make any necessary
complaints.

Such a charter should set out such fundamental principles as the right to be informed on action taken, the
possibility of being received by the judge, and the right to be informed of the approximate cost of a
procedure and to avail oneself of the services of a barrister, solicitor or legal expert.

Can the Commission state whether, in the context of its powers of initiative, it considers that it could put
forward an initiative for the real and effective creation of such a charter of rights of users of the legal
system?

Answer given by Mr Vitorino on behalf of the Commission

(24 January 2002)

The Commission is carrying out work in relation to improving compensation and redress for victims as
well as considering measures to safeguard the interests of suspects and defendants in criminal proceedings
throughout the Union.

C 147 E/152

Official Journal of the European Communities

EN

20.6.2002

As regards victims, Council Framework Decision 2001/220/JHA, of 15 March 2001 on the standing of
victims in criminal proceedings (1) imposes obligations on the Member States as regards communication of
safeguards, specific assistance to victims, compensation and mediation. These obligations are to be
implemented over a time period ranging from March 2002 to March 2006.

The Commission Green Paper, Compensation to crime victims, dated 28 September 2001 (2) considers
payment by the State to victims.

As regards suspects and defendants in criminal proceedings, there are plans for assessing and improving
compliance with existing human rights instruments, principally the European Convention on Human
Rights, and for devising measures to increase compliance where basic human rights are not being
respected.

The Commission plans an extensive consultation on procedural safeguards in the period January-May
2002, followed by a Commission Communication scheduled for May/June 2002 outlining measures to be
taken by all Member States to ensure that the interests of suspects and defendants are protected.

(1) OJ L 82, 22.3.2001.
(2) COM(2001) 536 final.

(2002/C 147 E/159)

WRITTEN QUESTION E-3328/01

by Monica Frassoni (Verts/ALE) to the Commission

(30 November 2001)

Subject: Construction of a landing stage and a marina in the Basso Garda SCI

The Castelnuovo del Garda local authority has approved a project involving the construction of a landing
stage at Ronchi for vessels belonging to the Navigarda shipping company (see the authority’s report of
proceedings No 19 of 3 February 2000 (1)). The coastal strip at Ronchi is part of the Basso Garda Site of
Community Importance (IT3210018). No environmental impact assessment has been carried out. As stated
in question E-2653/00 (2), the landing stage would be for the exclusive use of visitors to the Gardaland
SpA theme park, to the extent that it would effectively be an extension of the park.

The Basso Garda SCI is also affected by plans for a marina at Pioppi, in the Peschiera del Garda district, the
local authority of which has approved a comprehensive programme submitted by the promoter, Nautica
(see the authority’s report of proceedings No 99 of 18 December 2000 (3)). The project
Pioppi srl
comprises a marina for motorboats, a car park and an adjoining beach, and would involve the destruction
of the vegetation along the lake shore, the ecological importance of which was one of the main reasons for
creating a SCI. The tourist development of the Basso Garda area has drastically reduced the size of the
shore areas which are still reasonably unspoilt. The increased use of motorboats as new marinas have been
built has had a serious effect on the lake area encompassed by the SCI (which extends over 750 hectares,
mostly covering the lake itself), another factor being that the site comprises shallow waters with a muddy
sediment in which oxygenation is very slow. In the district of Peschiera alone there are already four
marinas (Fornaci, Bergamini, Cappuccini and Nuovo).

1.
Does the Commission not consider that the landing stage in Ronchi is to be regarded as an extension
to the Gardaland theme park and should thus be subject to environmental impact assessment and to
Directive 97/11/EC (4)? Does it not
to an
environmental impact assessment as required under Directive 92/43/EEC (5)?

therefore think that such a project should be subject