Local view for "http://purl.org/linkedpolitics/eu/plenary/2013-12-10-Speech-2-025-000"
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"en.20131210.5.2-025-000"2
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"Mr President, the general objective of the programme is to develop further mutual recognition by promoting judicial cooperation in criminal and civil matters. It all sounds rather splendid until, of course, the difficulties are examined. There are enormous differences in substantive law and trial procedure between Member States, and even within them. However, there are also differences in legal culture between the common law and continental systems, with particular reference to freedoms to act.
The starting presumption in common law is that persons have the freedom to do whatever is not prohibited by law. The starting position in many continental countries is that rights are created by proclamation and can be easily defined. Whilst even in common law systems they can be defined negatively and repressively, the jury system is a safeguard against legislation and prosecutions that are considered to be unreasonable. We can see how this difference manifests itself in practice: many continental countries restrict freedom of expression in an extreme, obsessive and quite insane way."@en1
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