Strasbourg, 04/10/2001 (Agence Europe) - The adoption by the European Parliament of a draft law concerning judicial cooperation with Switzerland gave rise to considerable polemic among MEPs. The President of the Socialist Group, Enrique Baron said in plenary on Wednesday that certain provisions of the legislation were in contradiction with efforts being made to combat money laundering, especially for terrorist purposes, which led to strong reactions on the part of Cristiana Muscardini (Alleanza Nazionale), who, notably, pointed out that the Italian Parliament was sovereign, and Antonio Tajani (Forza Italia), who wrote to the President of the European Parliament, Nicole Fontaine asking her if she "considered it appropriate to interfere", after such declarations.
As for Pasqualina Napoletano (Democratici di Sinistra), in a press release, she asked the EU Council, the European Commission and the EP's Committee on Freedoms to provide a "political assessment" on the compatibility of the new Italian legislation on letters rogatory with the decisions of the 21 September summit. By that legislation, she said, "proof seized abroad will become unusable in the context of a trial and, as these provisions are retroactive, that will jeopardise some a hundred or so ongoing cases.
Thursday morning, Ms. Napolitano intervened in plenary, invoking Article 2 of the EP's rules of procedure which enshrines "the independence of the parliamentary mandate": Mr. Baron and myself have breached no rules, and "I do not understand what our President should do", she said surprised that Mr. Tajani, "who complained of claimed interference, should ask her to interfere". We simply drew attention to a "serious incoherence" between this law and the Italian government's attitude in Brussels (at the Summit and the JHA Council etc), she stressed. The law passed in Italy ratifies an agreement with Switzerland in line with the European Convention on legal assistance, and I refuse to accept Article 3 of the Convention being interpreted as a measure that facilitates terrorism, retorted Mr Tajani at the plenary session. Mr Tajani protested that in that very room they had heard the echo of words that smacked of meddling since on several occasions requests had been made for it to be checked whether Italian laws were coherent with what was done at the EU Council of Ministers, although these were matters that only concerned the Italian Parliament.
At the plenary, President Nicole Fontaine commented that she had not yet read Mr Tajani's letter (to be translated into French). She remarked that it was a very tricky and serious problem that raised free speech issues, adding that she would be dealing with the gravity it deserved.