Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-10-24-Speech-3-498"
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"en.20071024.46.3-498"2
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"Madam President, I support both initiatives, which are, in my view, complementary and which would both enable the greater social reintegration of persons sentenced either to a non-custodial sentence or to a custodial sentence in a Member State other than the one in which they habitually reside.
We also support initiatives such as these, which implement the principle of mutual recognition. The draft texts of both initiatives have evolved very much in the course of discussions in the Working Party on Cooperation in Criminal Matters. Many of Ms Esteves’s and Mr Varvitsiotis’ suggested amendments during the first parliamentary consultation have already been taken up during the course of the following discussions. I thank both rapporteurs for their interesting reports, and, in particular on the first initiative, Ms Esteves has carried out a very rigorous legal analysis of the German/French text. She has identified the main problems as being the different sanctions available in the Member States and the problem of how to operate mutual recognition when one’s own system has no precise equivalent.
The other problem she, as rapporteur, has highlighted is that of how to deal with a breach of non-custodial conditions, and of which Member State – the issuing Member State or the executing Member State – should be responsible for imposing the sanction for that breach.
Some comments on some main amendments. I have a comment on Amendment 1 on the first report. The title will have to change on adoption, since conditional sentences have been removed from the scope. This is also relevant to a number of different amendments which refer to conditional sentences.
Amendment 12 relates to the definition of ‘lawful place of residence’. This is currently under discussion in Council, as is the possibility of going to another Member State for work or study. I refer, in particular, also to Amendment 16. I can inform you that discussions of the text in Council are going very well, and the Portuguese Presidency hopes – with the full support of the Commission – for political agreement by the end of December 2007, before the end of the Portuguese Presidency.
On the second initiative, the initiative on the European Enforcement Order and transfer of sentenced persons, I welcome the second report by Mr Varvitsiotis, which states that issues raised by the European Parliament in the first report have largely been taken into consideration. This is correct: we took into consideration amendments and proposals by Parliament.
Concerning the sole amendment suggested by the rapporteur concerning the new Recital 2a, I fully share the substance of the statement that procedural rights in criminal proceedings are a very crucial element for ensuring mutual confidence among Member States, and I also agree that it is highly regrettable that this instrument on procedural rights was not adopted, despite the support from Parliament and despite our efforts to make possible an agreement on procedural rights. This, unfortunately, was not possible."@en1
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