Brussels, 02/06/2014 (Agence Europe) - On Monday 2 June, the European Commission published two reports on the shortcomings of the member states regarding the free movement of information on previous convictions and better coordination in the fight against cross-border crime, it states in a press release, calling on them to remedy the situation as soon as possible. The reports in question examine the implementation of two framework decisions adopted unanimously by the member states in 2008 and 2009. “The late or incomplete implementation by several member states is particularly regrettable as the two framework decisions are aimed at increasing the protection of victims and society in general by ensuring citizens are not convicted twice for the same crime while at the same time making the fight against cross-border crime more effective. The Commission therefore urges all those member states which have not yet done so to take swift measures to implement these EU laws fully”.
The free circulation of previous convictions relates to ensuring that, when a judge decides on a sentence for an offender, he or she must know whether the person has previously been convicted in other member states. Framework decision 2008/675/JHA obliges the EU countries to take account of convictions handed down in the other member states. It is based essentially on the “principle of equivalence”, meaning that member states must take foreign convictions into account to the same extent as national ones. So far, 22 member states have implemented it, with considerable differences between the countries. Of these 22 states, nine (Bulgaria, the Czech Republic, Greece, France, Luxembourg, Hungary, Poland, Romania and Slovakia) have failed to supply conclusive information on the transposition of the legal effects attached to previous foreign convictions in their national criminal justice systems. Additionally, six member states have still to implement the rules (Belgium, Spain, Italy, Lithuania, Malta and Portugal).
As for framework decision 2009/948/JHA on cross-border crime, as regards the prevention and settlement of conflicts of jurisdiction in criminal proceedings, only 15 member states have implemented it and 13 member states have still to transpose it (these are Bulgaria, Denmark, Spain, Estonia, France, Greece, Ireland, Italy, Lithuania, Luxembourg, Malta, the United Kingdom and Sweden).
This framework decision is activated when criminal proceedings take place on the territory of more than one member state. “For example, the preparation of a crime may take place in one country, be executed in another, the criminals arrested in a different country, and the assets transferred to a fourth member state. This could potentially lead to multiple member states being competent to conduct criminal investigations”, the Commission explains.
The framework decision ensures that the proceedings take place in the best-placed member state. The member states must enter into direct consultation to reach consensus on any effective solution and where it is not possible to reach a consensus, the matter can be referred to Eurojust. (SP)