Local view for "http://purl.org/linkedpolitics/eu/plenary/2001-03-13-Speech-2-192"
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"en.20010313.13.2-192"2
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"Mr President, I too would like to thank the rapporteur for his work on this report.
The regulation with which we are dealing applies solely to civil and commercial matters where a court in one Member State can request evidence on the performance of judicial acts from another competent court in another Member State of the European Union. The regulation provides for the establishment of central authorities which are not responsible for the actual transmission of documents but which will respond to requests for supplying information from requested agencies. We must recall that the Treaties of the European Union incorporated judicial cooperation in civil matters in 1993. This is certainly a matter of common interest for Member States and it does indeed complement the workings of the internal market. The establishment of an area of freedom, justice and security confers on members of the judiciary an essential role to play in the effective workings of the Union.
This matter may be highlighted to an even greater extent with the advent and introduction of the single currency next year. While I certainly support judicial cooperation within the EU, I do not support the establishment of a European Public Prosecutor. I do not support the establishment of such a body because I believe that the rights of our citizens should be fully protected. In Britain and in Ireland we have a different legal system – the old common law system – to that which pertains in the majority of other Member States. The problem for a European Public Prosecutor is simply what is the legal basis for such a prosecution. Do you apply the rule that a person is innocent until proven guilty – which exists in the common law system – or do you apply another legal basis which exists in other Member States of the Union? I do not believe that this square can be circled.
Judicial cooperation is important because it complements the workings of the internal market and the single currency, as already stated. Europol is effective and Europol must be supported in ensuring that crimes such as trafficking in human beings, cyber-crime and so on can be dealt with within the European territories. However, I believe that the establishment of the Public Prosecutor's Office is a step too far. It is unworkable and it would be an unwelcome move which would not command support among the citizens of the European Union.
However, I support the regulation which is before us today. I believe the implementation of this regulation concerning the service of judicial and extra-judicial documents in civil and commercial matters will certainly improve and accelerate cross-border proceedings."@en1
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