Local view for "http://purl.org/linkedpolitics/eu/plenary/2002-11-18-Speech-1-144"
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"en.20021118.8.1-144"2
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"Madam President, Commissioner, unlike our esteemed rapporteur – the basic approach of whose text I do, however, appreciate – I am convinced that our work is neither superfluous nor useless. It is an appeal, a valuable reminder precisely for all the Member States, which are called to harmonise their legislation or, in any case, cooperate in the field of justice, in this very sensitive area – the confiscation of crime-related proceeds, instrumentalities and property – too.
It is without a doubt an important instrument because, as we know from daily experience, it is that instrument which will strike at the financial sources supporting organised crime, particularly crime organised on an international scale. At the centre of this fight is the fight against what is known as money laundering between the international organisations, which now know no bounds either in Europe or worldwide. I want to tell you something which the unforgettable Italian judge, Giovanni Falcone, said, which is relevant to this aspect of the matter. As you will remember, he was subsequently assassinated by the Mafia. At a hearing, ten years ago now, he said: the Mafia have not waited for the completion of the internal market to internationalise their activity. That is why it is important to provide an international response to this internationalisation of crime from those in charge of the legal systems in the Member States.
It must be said that, in this, we have been preceded by both the United Nations and the Council of Europe, which have produced conventions which are a valuable point of reference for the subject we are debating too. It must also be said, however, that the proper legislative basis is the action plan endorsed by the Amsterdam European Council of June 1997 and drawn on by the Vienna European Council of December 1998. These action plans specify the procedures for implementing international confiscation measures, which are, clearly, intended to supplement the various national measures. The Council stresses the importance of each Member State– and I quote from the Council text – ‘having well-developed and wide ranging legislation in the field of confiscation of the proceeds from crime’ and of ‘introducing special procedures for tracing, seizure and confiscation of proceeds from crime’.
As regards the debate on Mr Di Lello’s report in committee, we tabled a number of amendments which were all adopted by the committee. Our rapporteur is of the opinion that these amendments impair the original text but we, of course, feel that they enhance it. I will mention just one in particular – the amendment seeking to invert the onus of proof and transfer it from the defendant to the prosecution."@en1
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