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Europe Daily Bulletin No. 10019
Contents Publication in full By article 24 / 28
GENERAL NEWS / (eu) ep/jha

MEPs want specialised jurisdiction in cyber-business

Brussels, 13/11/2009 (Agence Europe) - On Thursday 12 November, MEPs from the civil liberties, legal affairs and constitutional affairs committees at the European Parliament suggested the setting up of a European Court for fighting cybercrime. Members highlighted the increase in identity theft and called for a strategy to combat cybercrime, to be developed in co-operation with internet providers. MEPs stated that a European Court of Cyber Affairs, specialising in matters related to cyber crime should therefore be examined. This provision is part of the draft resolution put forward by Juan Fernando Lopez Aguilar (S&D, Spain), Carlo Casini (EPP, Italy) and Luigi Berlinguer (S&D, Italy) and on the 5-year Stockholm Justice and Home Affairs programme (2010-14). The draft resolution was adopted with 29 votes in favour, 18 against and 37 abstentions. The text will now be put to a plenary vote at the 23-26 November session in Strasbourg. The final version of the Stockholm programme will then be adopted by the European Council on 10-11 December.

MEPs also agreed on the need to strengthen the EU common policy on tackling terrorism, organised crime, illegal immigration, human trafficking and sexual exploitation. A full list of legal options should be provided for victims of crime, in particular to those affected by human trafficking or by violence between genders. Ethnic minorities are particularly vulnerable, because they are the possible victims of both discrimination and racist crime, MEPs stated. The Parliamentary committees also called for a European strategy to eradicate violence against women. This should include preventative measures, policies to protect victims, especially girls, and tangible measures to bring the perpetrators to justice.

They called for a legal framework to be established to facilitate transfers of criminal proceedings and the resolution of conflicts of jurisdiction between member states. Furthermore, an instrument should be created to deal with the admissibility of evidence in criminal proceedings in cross-border cases, they said. The committees called on member states to ensure that the principle of mutual recognition is applied to same-sex couples in the EU - notably married couples, partners or de facto couples - at least in relation to rights relating to freedom of movement. MEPs proposed that illegal immigration be reduced through preventive measures. Obstacles to the exercise of the right to family reunification should also be addressed. “Circular” migration should be promoted, but should not lead to wage or social dumping, or deny the necessity for integration measures.

They called for an evaluation of member states' capacities in this field, and for a system of “compulsory and irrevocable solidarity” between them, as well as greater co-operation with third countries, notably neighbouring ones. Regional and specialised FRONTEX offices should also be set up. MEPs insisted on the need for minimum standards for prisons and detention conditions and a common set of prisoners' rights in the EU should be established, including appropriate compensation rules for persons unjustly detained or convicted. EU funding should be provided for construction of new detention facilities in member states affected by prison overcrowding. With regard to data protection, MEPs highlighted the need for clearer and tighter limits being placed on exchanges of information between member states and the use of massive EU databases. Members added that building up large registers at the EU level may pose a threat as the risk of leaks and corruption will increase. MEPs also declared that EU citizens' rights and protection of rights, especially data protection, must be preserved and the common justice and home affairs policy must remain subject to parliamentary supervision. MEPs called on the Commission to step up its work on European contract law, with a view to adopting a common reference framework to enable parties to a contract to choose to have it governed by EU rules. (B.C./fl)

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