Local view for "http://purl.org/linkedpolitics/eu/plenary/2000-02-17-Speech-4-048"
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"en.20000217.3.4-048"2
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"Mr President, this agreement deals with a sensitive issue: cooperation in the field of criminal law. It is therefore understandable that the Council finds it difficult to agree. Successful application of this agreement by the Member States requires unanimity within the Council. Only a broadly based agreement makes any sense in practice.
This, however, does not mean that the Council can work on this anonymously. Quite the reverse, in fact. The Council’s proposal must comply with legislation of the national Member States in the field of criminal law. The wish to reach a unanimous decision can lead to compromises which do not stand this test. Careful parliamentary scrutiny by the European Parliament but, above all, by the national parliaments, is therefore of key importance.
Mr Di Pietro’s proposal to omit the current Article 18 regarding intercepting telecommunications, amongst other things, is understandable, although very strict. The text of Article 18 is ambiguous: he is restricting the activities of the intelligence services but seems to allow interception activities by a Member State in another Member State without the latter’s prior authorisation. In this way, Member States would make themselves very vulnerable and it is doubtful as to whether there are sufficient guarantees to protect the State where interception occurs and the citizens within that State.
Proposed additions, such as repeated references to the ECHR, the rights of the counsel for the defence and of the defendant and the failure of Member States to implement the ECHR, add too much unnecessary information to the text of the agreement. I am aware of the problems but I think that these could have been clarified by means of one single change in the text.
The Dutch Members of the Group for a Europe of Democracies and Diversities will, however, despite hesitation, not withhold their support for the Di Pietro report in the final vote."@en1
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