Brussels, 27/07/2001 (Agence Europe) - "Mutual recognition of decisions is the most important cross-the-board issue for the Belgian Presidency concerning justice matters", Philippe de Koster, Deputy Chef de Cabinet for the Justice Minister, Marc Verwilghen, explained to EUROPE. "It is a de facto priority, even if it is not announced as such. It crops up in many proposals such as the Belgian proposal on money laundering, or the proposal on a European arrest warrant, that the Commission plans to put on the table soon, at Spain's request. It is the mutual recognition of decisions that will allow the European Area of Justice to be created". The four priorities of the Belgian Presidency regarding justice, as presented early July by Minister Verwilghen, are:
1. The creation of a definitive Eurojust by end December, conform to the Tampere conclusions. "The Belgian Presidency will deploy every effort necessary to achieve this", said the minister. Discussions are difficult, but the Presidency maintains its December target, with the ambition of reaching a political agreement on the first eight articles (aims, tasks, competence) in September, say diplomatic sources.
2. Fight against trade of human beings. The adoption of instruments aimed at harmonising national laws on the basis of initiatives contained in the Commission communication; the strengthening of the operational effectiveness of the fight in this field; absolute priority to this matter granted by the provisional Eurojust Unit; and coordinated position prepared by the Belgian Presidency defining the Union's approach for the second World Congress devoted to sexual exploitation of children, to be held in Yokohama from 17 to 20 December 2001.
3. Search for missing persons. The Belgian Presidency will propose a resolution aimed at supporting the action of bodies providing aid to the search for missing persons, in particular children, and improving collaboration between such bodies and the relevant public authorities.
4. Freeze on assets. The initiative of France, Sweden and Belgium on the draft framework decision concerning the freeze of assets will serve as a pilot project for this policy for recognition as a right of judicial decisions. The Belgian Presidency will work towards adoption of the instrument.
Work on the other "justice" issues continues. The Council's relevant working group, the Article 36 committee, thus confirmed at technical level on Friday the Fifteen's position on the draft framework decision relating to protection of the environment as coming under the penal code (see EUROPE of 17 March, p.7). At first sight, the Fifteen remain firmly to their stance, that is to say that the legal base for penal sanctions can only be the third pillar (intergovernmental), and the Commission sticks to its position also, that is, to ensure that the legal base must be the first pillar (Community competence). According to the cabinet of the President-in-Office of the Council, the Fifteen will not go back on their position ("many Member States are sticking to a tough line"), which may be confirmed at the JHA Council during September. As a last resort, if the Commission refuses the position of the Member States, the "arbiter will be the party who has the interpretation of the Treaties in hand, that is, the Court of Justice". At the same meeting of Article 36 Committee, the representatives of Member States discussed the draft decision for the creation of Eurojust.