WRITTEN QUESTION P-3863/03 by Mario Borghezio (NI) to the Commission. European Evidence Warrant — a proposal threatening individual freedom?.
Date: 2003-12-08
Institutions: European Parliament, Provisional data
Subjects: European judicial area, area of freedom, security and justice, framework decision, fundamental rights, judicial cooperation in criminal matters in the EU, judicial proceedings, proof

C 78 E/866

Official Journal of the European Union

EN

27.3.2004

(2004/C 78 E/0919)

WRITTEN QUESTION P-3863/03

by Mario Borghezio (NI) to the Commission

(8 December 2003)

Subject: European Evidence Warrant (cid:1) a proposal threatening individual freedom?

The Commission’s recent proposal for a framework decision introducing a European evidence warrant for
gathering evidence in other Member States (1) may constitute a further dangerous and illiberal move
towards a European judicial area outside the control of national parliaments.

The decision contains the same terms as the arrest warrant and goes even farther, since the conviction of a
suspect may be based solely on evidence obtained by the State obliged to comply with the terms of the
warrant and the decision provides no minimum guarantees regarding the validity of such evidence in a
court of law in the country requesting the warrant.

Since only a few Member States have so far adopted the legislation needed to implement the framework
decision on the arrest warrant and in view of
the various criticisms and doubts raised, does the
Commission not consider the submission of this new proposal for a framework decision to be premature?
Does it not consider it should even be withdrawn immediately?

(1) COM(2003) 688 final.

Answer given by Mr Vitorino on behalf of the Commission

(16 January 2004)

The Honourable Member’s question concerns in particular the validity in the requesting country of
evidence obtained from another country using a European Evidence Warrant. The Honourable Member
raises the concern that the proposal provides no minimum guarantees regarding the validity of such
evidence.

The Commission’s proposal does not directly address the issue of the admissibility of evidence obtained
using a European Evidence Warrant. The extent to which any objects, documents or data obtained by such
warrant are admissible as evidence in criminal proceedings will therefore (cid:1) like any other evidence (cid:1) be
controlled by each country’s courts in accordance with the relevant national law. As a safeguard to help
protect fundamental rights, the proposal provides that the judicial authority issuing the warrant must
certify that the objects, documents or data sought by the warrant are (a) necessary and proportionate for
the proceedings in questions,
(b) could be obtained under the law of the issuing country in similar
circumstances if they were available on the territory of the issuing country, and (c) are likely to be
admissible in the proceedings for which they are sought. In addition, the judicial authority issuing the
warrant can request (cid:1) and in some circumstances require (cid:1) that the warrant be executed in compliance
with certain formalities. This should help ensure that the evidence is obtained in a way that does indeed
meet the requirements of the law of the issuing country.

The Commission therefore does not agree that its proposal for a European Evidence Warrant constitutes a
dangerous and illiberal move as suggested by the Honourable Member. Nor does the Commission agree
with the suggestion that it should withdraw its proposal.

(2004/C 78 E/0920)

WRITTEN QUESTION E-3871/03

by Alexander de Roo (Verts/ALE) to the Commission

(16 December 2003)

Subject: Connection between the Ebro water transfer and the Júcar-Vinalopó water transfer

The transfer of water from the Ebro to the Spanish south-east involves the building of a canal which, in
the projected section between the River Júcar and the River Vinalopó, will converge with the canal
provided for in the water transfer from the Júcar to the Vinalopó. The Spanish authorities intend to
leave the River Júcar at points scarcely
achieve both transfers by building both channels, which will