9 Amendments of Roselyne LEFRANÇOIS related to 2003/0270(CNS)
Amendment 40 #
Article 10 − paragraph 3 a (new)
3a. Anyone affected by an exchange of data carried out in accordance with the present framework decision may claim the right to data protection, including blocking, correction, deletion and access to information pertaining to them, as well as access to any means of redress to which they are entitled under the legislation of the issuing State or the executing State.
Amendment 41 #
Article 12
The executing authority shall comply with the formalities and procedures expressly indicated by the issuing authority unless otherwise provided in this Framework Decision and provided that such formalities and procedures are not contrary to the fundamental principles of law of the executing State. This Article shall not create an obligation to take coercive measures.
Amendment 42 #
Article 12 − subparagraph 1 a (new)
The issuing authority may also require the executing authority to: (a) preserve the confidentiality of the investigation and its substance except to the extent necessary for the execution of the warrant; (b) allow a competent authority from the issuing State or an interested party designated by the issuing authority to be present at the execution of the warrant and to have access, under the same conditions as the executing authority, to any object, document or item of data obtained on that occasion; (c) deposit the names of the people through whose hands the evidence has passed between the execution of the warrant and its transfer to the issuing State.
Amendment 45 #
Article 15 − paragraph 3
3. Unless eione of ther grounds for postponement under Article 16 exisjustifies it or the executing authority has the objects, documents or data sought already in its possession, the executing authority shall take possession of the objects, documents or data without delay and, without prejudice to paragraph 4,as early as possible and no later than 60 days after the receipt of the EEWuropean Evidence Warrant by the competent executing authority, without prejudice to paragraph 4.
Amendment 46 #
Article 15 − paragraph 3 a (new)
3a. In the absence of an action brought in accordance with Article 18 and unless one of the grounds for postponement referred to in Article 16 justifies it, the executing State shall transfer to the issuing State the objects, documents or data obtained by virtue of the European Evidence Warrant, immediately where the latter are already under the control of the executing authority or, where this is not the case, as early as possible and no later than 30 days following the date on which the executing authority takes possession of the evidence. When the objects, documents or data obtained are transferred, the executing authority shall state whether it requires them to be returned to the State of execution as soon as they cease to be needed by the issuing State.
Amendment 47 #
Article 15 − paragraph 4
4. When it is not practicable in a specific caseunder exceptional circumstances for the competent executing authority to meet the deadline set out in paragraphs 2 or 3 respectivelythis Article, it shall without delay inform Eurojust and the competent authority of the issuing State by any meansin writing, giving the reasons for the delay and the estimated time needed for the action to be taken.
Amendment 48 #
Article 15 − paragraph 5
Amendment 49 #
Article 15 − paragraph 6
Amendment 50 #
Article 17 a (new)
Article 17a Subsequent use of evidence The use of the evidence acquired pursuant to this Framework Decision shall in no way prejudice the rights of the defence in subsequent criminal proceedings. These rights shall be fully respected, in particular as regards the admissibility of the evidence, the obligation to disclose that evidence to the defence and the ability of the defence to challenge that evidence.