Activities of Rosario CROCETTA related to 2010/0817(COD)
Shadow reports (1)
REPORT on the draft directive of the European Parliament and of the Council regarding the European Investigation Order in criminal matters PDF (445 KB) DOC (297 KB)
Amendments (20)
Amendment 55 #
Draft directive
Recital 1
Recital 1
(1) The European Union has set itself the objective of maintaining and developing an area of freedom, security and justice in accordance with the Charter of Fundamental Rights of the European Union and the constitutional principles of the individual Member States.
Amendment 58 #
Draft directive
Recital 2
Recital 2
(2) According to Article 82(1) of the Treaty on the Functioning of the European Union, judicial cooperation in criminal matters in the Union is to be based on the principle of mutual recognition of judgments and judicial decisions, which is, since the Tampere European Council of 15 and 16 October 1999, commonly referred to as a cornerstone of judicial cooperation in criminal matters within the Union, in keeping with the Charter of Fundamental Rights of the European Union and the constitutional principles of the Member States participating in the EIO.
Amendment 59 #
Draft directive
Recital 2 a (new)
Recital 2 a (new)
(2a) The executing State may not refuse the EIO on the grounds of differences between its own ordinary laws and those of the issuing State, but may do so should the EIO contravene the Charter of Fundamental Rights of the European Union and the constitutional principles of the executing State.
Amendment 67 #
Draft directive
Recital 13 a (new)
Recital 13 a (new)
(13a) To enable the EIO to be executed in countries that do not have substantial funds and resources for investigations, should these be insufficient then the costs of executing the EIO, borne normally by the executing State, may be assumed directly by the State issuing the EIO. Member States may also draw up general or specific agreements to compensate the costs incurred by means of clearing accounts.
Amendment 103 #
Draft directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Without prejudice to Article 2(b), each Member State may designate a central authority or, when its legal system so provides, more than one central authority, to assist the judicial competent authorities. A Member State may, if necessary as a result of the organisation of its internal judicial system, make its central authority(ies) responsible for the administrative transmission and receipt of the EIO, as well as for other official correspondence relating thereto. The members of the central authority in question shall be appointed by bodies of judges, who shall select them from within the judiciary. Said authority, while not having any investigative powers, shall be bound to observe the principles of confidentiality and of mandatory prosecution which apply normally to examining magistrates in the performance of their own duties.
Amendment 114 #
Draft directive
Article 10 – paragraph 1 – point -a a (new)
Article 10 – paragraph 1 – point -a a (new)
(-aa) the EIO contravenes the Charter of Fundamental Rights of the European Union or the constitutional principles of the executing State;
Amendment 120 #
Draft directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Should the EIO contravene the constitutional principles of the executing State, it may be challenged before the judiciary of the executing State.
Amendment 121 #
Draft directive
Article 10 – paragraph 1 b (new)
Article 10 – paragraph 1 b (new)
1b. The executing authority may not invoke any right to oppose the EIO when the reasons for requesting the inquiry are connected with organised crime, mafia and terrorism offences, unless the contents of the EIO breach the Charter of Fundamental Rights of the European Union or the constitutional principles of the executing State.
Amendment 147 #
Draft directive
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) the person in custody does not consent; orjudicial authority of the executing State declares, ex officio or at the request of the person in custody, the transfer inadmissible on the grounds of ongoing legal proceedings or security;
Amendment 148 #
Draft directive
Article 19 – paragraph 2 – point b
Article 19 – paragraph 2 – point b
(b) the transfer of the person in custody is liable to prolong his detention.
Amendment 159 #
Draft directive
Article 19 a (new)
Article 19 a (new)
Article 19a If a person held in custody in the State executing the EIO is transferred to the issuing State, he shall be subject to the same detention regime as that to which he was subject in the country in which the sentence would normally be served.
Amendment 160 #
Draft directive
Article 20 – paragraph 2 – point a
Article 20 – paragraph 2 – point a
(a) consent to the transfer is required from the person concerned and this consent has not been obtainedthe person in custody has obtained an opinion from the competent court having jurisdiction over him that he should not be transferred; in any event, the transfer decision shall not be subject to appeal except on grounds relating to ongoing judicial proceedings or the safety of the person in custody;
Amendment 169 #
Draft directive
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
(a) the use of videoconference is contrary to fundamentthe constitutional principles of the law of the executing State;
Amendment 170 #
Draft directive
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
Amendment 176 #
Draft directive
Article 21 – paragraph 10 – point a
Article 21 – paragraph 10 – point a
Amendment 178 #
Draft directive
Article 21 – paragraph 10 – point b
Article 21 – paragraph 10 – point b
(b) the execution of such a measure would be contrary to the lawconstitutional principles of the executing State.
Amendment 181 #
Draft directive
Article 22 – paragraph 4 – subparagraph 1 – point b
Article 22 – paragraph 4 – subparagraph 1 – point b
Amendment 183 #
Draft directive
Article 22 – paragraph 4 – subparagraph 1 – point c a (new)
Article 22 – paragraph 4 – subparagraph 1 – point c a (new)
(ca) if the use of teleconference would be contrary to the constitutional principles of the executing State.
Amendment 184 #
Draft directive
Article 22 – paragraph 4 – subparagraph 2 a (new)
Article 22 – paragraph 4 – subparagraph 2 a (new)
Hearings of witnesses, collaborators of justice or other people benefiting from special protection measures may take place, provided their right not to have any image or likeness of themselves shown is safeguarded.
Amendment 186 #
Draft directive
Article 23 – paragraph 5 – point a
Article 23 – paragraph 5 – point a
(a) an offence punishable by a penalty involving deprivation of liberty or a detention order of a maximum period of at least fourtwo years in the issuing State and at least two years in, or if the execution of such a measure would contravene the European Charter of Fundamental Rights or the constitutional principles of the executing State;