Local view for "http://purl.org/linkedpolitics/eu/plenary/2003-11-05-Speech-3-165"
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"en.20031105.13.3-165"2
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Mr President, I have taken the floor to stress the importance of this Green Paper – for I feel it is my duty to do so – and, therefore, to congratulate Commissioner Vitorino on the contribution he has made with this Green Paper to the building of an area of freedom and justice. I would also like to thank Mr Hernández Mollar for incorporating the opinion of the Committee on Legal Affairs and the Internal Market, which was the fruit of extensive, in-depth analysis, extensive debate and great understanding of the issue. He reiterated just now that we need to call strongly for criminal procedure to provide substantial criminal
because that is the way to be able to provide safeguards, to achieve, indeed, what we see as a minimum level of reliability and minimum safeguards.
The intention of the Committee on Legal Affairs and the Internal Market in producing this opinion was to stress and emphasise the need to protect the freedom of defendants. We are aware that the institutions describe themselves in these terms, that legal civilisation, the rule of law, prevails, and these safeguards are essential to and representative of a fair trial, which is the subject of so much discussion and, I believe, must be our ultimate goal as regards procedure.
The Green Paper represents a change of course, Commissioner Vitorino, a radical change of course from tendencies which are not quite democratic, giving precedence to powers of investigation and investigation alone, also in a supranational form. The European Prosecutor for criminal protection against fraud is an example of this point, which I have already made on other occasions in this Chamber and in other debates.
All the provisions laid down have already been mentioned, but the right to immediate defence, the right to assistance, the language guarantee and other similar matters form the essential elements of this measure, and I would stress them once again. What we must emphasise are not just cooperation and coordination between the Member States but definitive recognition of final criminal decisions, and the Committee on Legal Affairs is working to this end.
To sum up, Mr President, we must ensure that the level of protection of rights provided is higher rather than lower. To this end, we must take into account the safeguards provided by some Member States and ensure that Europe as a whole focuses its approach on that dimension and those rights. The Europe of rights and freedoms demands it."@en1
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