WRITTEN QUESTION E-2968/03 by Maurizio Turco (NI) to the Commission. Eurojust.
Date: 2003-10-08
Institutions: European Parliament, Provisional data
Subjects: EU Member State, Eurojust, approximation of laws, area of freedom, security and justice, extraterritorial jurisdiction, fight against crime, legislative procedure, national law, organised crime, regulations for civil servants

C 70 E/180

Official Journal of the European Union

EN

20.3.2004

(2004/C 70 E/188)

WRITTEN QUESTION E-2967/03

by Marie-Thérèse Hermange (PPE-DE) to the Commission

Subject: European Ombudsman for children

(8 October 2003)

The European Network of Ombudsmen for Children (ENOC) was created in 1997 by Unicef at Trondheim
(Norway) in order to provide a link between children’s ombudsmen in Europe. The network currently
includes several EU Member States: Austria, Belgium, Denmark, France, Spain, Sweden and the United
Kingdom.

Each country or region which has an independent children’s ombudsman may join the network, the main
purpose of which is to ensure that children’s rights are upheld to a greater extent in Europe by seeing that
the Convention on Children’s Rights is implemented, by supporting individual and collective action in the
area and by encouraging the Member States to introduce relevant policies.

The network also acts as a forum for the exchange of information, experience and ideas between European
countries, in particular by means of comparative studies.

Could the Commission not appoint an Ombudsman for children in order to increase the transparency and
raise the profile of child-protection initiatives organised within Europe? Appointment of a European
Ombudsman for children would enable the European network to be better coordinated and children’s
needs and interests to be better served.

Answer given by Mr Vitorino on behalf of the Commission

(19 November 2003)

As the Treaties stand, the Commission has no legal basis for coordinating the action of the Member States’
Ombudsmen along the lines suggested by the Honourable Member.

Moreover, at the close of their meeting in Lucca (IT), on 25/26 September 2003, the Ministers responsible
for children’s rights in the 15 Member States made no reference to the possibility of appointing a
European ombudsman in their conclusions.

In April 2003, ENOC asked the Commission for financial support for the establishment of a permanent
secretariat.

In its reply to ENOC, the Commission gave a detailed account of how funding by grants operated and
drew its attention to the fact that funding must be accepted by the budgetary authority, i.e. Parliament and
the Council.

If ENOC wishes to receive funds from the European institutions, it must submit a dossier to that end.
ENOC has not yet taken the decision to do so.

(2004/C 70 E/189)

WRITTEN QUESTION E-2968/03

by Maurizio Turco (NI) to the Commission

(8 October 2003)

Subject: Eurojust

Can the Commission state:

(cid:1) which Member States amended their national law before 6 September 2003, the deadline laid down in
Article 42 of Decision 2002/187/JHA (1)? What are the terms of these laws and the main differences
between them?

20.3.2004

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Official Journal of the European Union

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(cid:1) What national rules have defined the status and the powers of national members of Eurojust since the
entry into force of the decision? What are the terms of these rules and the main differences between
them?

(1) OJ L 63, 6.3.2002, p. 1.

Answer given by Mr Vitorino on behalf of the Commission

(12 November 2003)

By letter of 23 June 2003 the Commission asked the Member States to provide information on their
measures to implement the Council Decision setting up Eurojust of 28 February 2002. On the basis of the
information provided, the Commission will draw up a report.

Up to now (13 October 2003), eight Member States have sent a written reply.

The following preliminary conclusions can be drawn from the information available:

(cid:1) Three Member States replied that they have fully implemented the Council Decision and that there is
no need for national
legislation (although they plan to adopt additional measures, these are not
expressly required by the Council Decision). One Member State has adopted a law in order to
implement the Council Decision. One Member State has adopted a government regulation on the legal
personality of Eurojust and the privileges and immunity of
its national members, while a law
implementing the Council Decision is still being discussed by the national Parliament. The remaining
answers refer to drafts in the legislative pipeline.

(cid:1) As concerns the status and powers of the national members, almost all members have the formal
status of a national prosecutor (two rather have the status of a judge, one is a deputy chief of police).
However, only a few of them can exert judicial and/or prosecutorial powers. Most of the national
members work under the authority of the Ministry of Justice, some under the authority of a General
Prosecutor. This situation may change with the adoption of further national implementation laws.

(cid:1) For more detailed information the Commission would like to refer the Honourable Member to the

coming implementation report. The Commission aims to issue this report by end of 2003.

(2004/C 70 E/190)

WRITTEN QUESTION P-2970/03

by Catherine Stihler (PSE) to the Commission

(6 October 2003)

Subject: Withdrawal from the Common Fisheries Policy

Could the Commission comment on the feasibility of a Member State leaving the Common Fisheries Policy
under the current Treaties and draft European Constitution?

Would either this action or taking fisheries policy under national control involve either withdrawal of the
Member State concerned from the European Union or renegotiation of
the Treaties requiring the
unanimous approval of all Member States?

Answer given by Mr Fischler on behalf of the Commission

(30 October 2003)

As Community law currently stands (Article 3(1)(e) of the EC Treaty) the Community’s activities include a
common fisheries policy whereby it holds exclusive authority on matters of fishery resource conservation
and management in both inland waters and at sea. This exclusive authority as regards organisation of the
sector and conservation of marine biological resources arises from Article 37 of the EC Treaty and