Brussels, 02/02/2001 (Agence Europe) - With the report by Enrico Ferri (Forza Italia) adopted during plenary Thursday, the European Parliament denounces the shortcomings of European Union judicial cooperation. It calls on Member States to ensure the highest degree of mutual practical cooperation between the judicial authorities. The report covers the assessment made by the "Multidisciplinary Group on Organised Crime", on the subject of the "implementation at national level of international undertakings in the fight against organised crime" in Ireland, Luxembourg, the Netherlands, Greece and Denmark. Reports on the other Member States are to follow, and some have already been unofficially forwarded to the EP.
The Parliament stresses the problems highlighted by the above group: 1) the persistence, in some countries (Luxembourg), of the role of executive authorisation on follow-up to be given to the request for judicial cooperation, to the detriment of direct transmission between judicial authorities; 2) abusive use of appeals as delaying tactics (Luxembourg); 3) absence of an effective archiving system (the five countries), sufficient personnel (Luxembourg, Netherlands); 4) complicated procedures, uncertainties (all countries, at varying degrees, except for Luxembourg …)
In order to palliate such problems, the EP approves certain of the points contained in the "EU strategy for the next millennium - prevention and control of the fight against organised crime", adopted in May by the Council. These points are on improved statistical data, acceleration and strengthening of the evaluation process, acceptance of the principle of mutual recognition of rulings and other enforceable decisions, and availability of appropriate resources … It also calls for the creation of a centralised documentation instrument, both on legislation and on judgements. The European Parliament again recalls that it hopes the EU will avail itself of a European public ministry with jurisdiction over the whole of Member States' territory, assisted by national authorities entrusted with the task of inquiring into the most serious facts involving crossborder crime".
The EP also considers that the Member States that do not respect their obligations regarding criminal cooperation should be penalised. Finally, the EP considers such control should not be carried out by the multidisciplinary group, which gathers the experts of the Member States, but by the European Court of Justice. For this, it would be necessary for Article 35 of the Treaty to be amended. The EP had raised this point from the adoption, in 1997, of the common action on the assessment of implementation of EU commitments on the fight against organised crime, and had set up this expert group.