Strasbourg, 09/09/2003 (Agence Europe) - The European Parliament last week lent its support to the Greek proposal for a framework decision on "non bis in idem", but asked for some modifications. Greece presented its proposal in March, which was designed to clarify and harmonise the interpretation within the EU of the principle by which nobody should be prosecuted or judged twice for the same punishable offence (EUROPE of 21 March). The report by Italian Radical Maurizio Turco stressed "the extremely positive character of this initial concrete proposal aiming to guarantee the rights and fundamental freedoms of citizens in the field of legal co-operation in criminal matters', and the fact that "up until now, initiatives on this matter have focused above all on repressive elements, leaving aside the reinforcing of citizens' liberties, and procedural guarantees".
The European Parliament, whose opinion is not binding to Council, calls upon Member States to limit the precise scope of this framework decision to "any definitive decision, or one which cannot be appealed on, returned by the jurisdiction of a Member State at the end of criminal proceedings, whether it ends in a conviction, acquittal or the definitive termination of the proceedings, in conformity with the law of the Member State in question; any extra-judiciary penal mediation; any decision, whether or not it was returned by a court, which has authority of the final judgement, under national law". As far as the MEPs are concerned, it is a question of applying the recent jurisprudence of the European Court of Justice, in its Gözütok-Brügge ruling of 11 February 2003, i.e. the official interruption of proceedings by the authority invested with powers of prosecution has the effect of activating the principle of banning double proceedings when such a decision, even when not returned by a court, has the authority of final judgement.
MEPs also wish the Fifteen to withdraw from the text the option for a Member State to obtain exemptions if it believes that the actions targeted by the foreign judgement constitute an attempt upon its security or on other equally essential interests, or that they were committed by an official of this Member State, violating the obligations of their position.