9 Amendments of Jean-Paul GARRAUD related to 2021/0393(COD)
Amendment 43 #
Proposal for a regulation
Recital 6
Recital 6
(6) As the register has been set up after Regulation (EU) 2018/1727 had already been adopted, the European Judicial Counter-Terrorism Register is neither technically well integrated at Eurojust nor legally well integrated in Regulation (EU) 2018/1727. Therefore, it is necessary to remedy that by adopting a consistent approach to the verification of identified potential links between terrorism cases and the effective follow-up of these links. The management of the information in the European Judicial Register and the follow-up of potential links must be carried out in full respect of confidentiality and data ownership.
Amendment 48 #
Proposal for a regulation
Recital 8
Recital 8
(8) As terrorist organisations are increasingly involved in other forms of seriousserious and sophisticated forms of financial and organised crimes, such as trafficking in human beings, drug trafficking or money laundering, it is also necessary to cross- check judicial proceedings against such serious crimes.
Amendment 53 #
Proposal for a regulation
Recital 10
Recital 10
(10) The competent authorities need to know exactly what kind of information they have to transmit to Eurojust, at what stage of the national proceedings, in accordance with national law, and in which cases, in order to provide such data. This is expected to increase the information Eurojust receives significantly.
Amendment 60 #
Proposal for a regulation
Recital 12
Recital 12
(12) For the identification of cross-links between terrorism investigations and judicial proceedings against suspects of terrorist offences, reliable identification data is crucial. Due to the uncertainties regarding alphanumerical data especially for third country nationals, it should be possible to exchange biometric data, provided that such data are collected and stored and can be transmitted to the competent national authorities in accordance with the national law of each Member State. Due to the sensitive nature of biometric data and the impact processing of biometric data has on the respect for private and family life and the protection of personal data, as enshrined in Articles 7 and 8 of the Charter of Fundamental Rights of the European Union, a strict necessity test should be applied by the competent authorities and Eurojust in each case.
Amendment 66 #
Proposal for a regulation
Recital 13
Recital 13
(13) As information about existing cross-links to other judicial proceedings is most useful at an early stage of the investigation, it is necessary that the competent authorities provide information to Eurojust as soon as judicial authorities are involvedthe opportunity arises, in accordance with the national law of each Member State. If the competent national authorities are already aware of cross-links, they should inform Eurojust accordingly.
Amendment 71 #
Proposal for a regulation
Recital 15
Recital 15
(15) Given the sensitive nature of judicial proceedings against suspects of terrorist offences, it is not always possible for the competent national authorities to share the information on terrorist offences at the earliest stage. Such derogations from the obligation to provide informationIf the transmission of information could jeopardise ongoing investigations or the security of the person or the Member State concerned, the competent national authorities should not be obliged to provide Eurojust with information on terrorist offences at the initial stage of the proceedings. Information sharing should remain an exceptional measure.
Amendment 86 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) The transnational dimension of cross-border terrorism investigations poses several practical problems for the national authorities involved. For this reason, Eurojust should play an important role, in particular as regards constraints related to travel, limited access to operational equipment and language barriers.
Amendment 87 #
Proposal for a regulation
Recital 21 b (new)
Recital 21 b (new)
(21b) The free movement of people in the European Union strengthens terrorism. Eurojust's operational missions should support the actions taken by Member States in the fight against this movement of criminals by strengthening police and judicial cooperation.
Amendment 93 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) The competent national authority, in accordance with its domestic legislation, may decide whether to retain the data of persons who have been acquitted or refused prosecution after final judgements.