Brussels, 10/12/2007 (Agence Europe) - On Friday 7 December, EU Justice Ministers reached agreement on a French-German proposal to improve recognition and monitoring of sentences with conditional discharge, alternative sanctions and conditional sentences, said Portuguese Justice Minister Alberto Costa, chairing his last Justice and Home Affairs Council. The aim of the framework decision is to improve the sentenced person's chances of being reintegrated into society, through the serving of the sentence in the state of origin or residence, and also promoting non-custodial measures instead of imprisonment. The European Parliament delivered its advisory opinion at its plenary session on 25 October. Ministers, however, were unable to get rid of dual criminality, under which a member state can refuse to extradite if the crime at issue is not similarly recognised under its own legislation.
Ministers held a first discussion of the Commission initiative to amend the 2002 Council framework decision on combating terrorism to make “public provocation to commit terrorist offences” punishable by minimum sentences in all 27 member states (agreement must be unanimous). What was targeted here was, in particular, the use of the internet for propaganda, recruitment and training as part of terrorist plots (see EUROPE 9536). European Security Commissioner Franco Frattini pointed out that his proposal had received “broad support” from ministers, although technical details had not been broached during the debate. While none effectively spoke against the proposal, several diplomats nonetheless pointed out that the text could cause ethical problems in various member states, like the United Kingdom and the Scandinavian countries, particularly with regard to freedom of expression. They said that the Council would probably meet the same type of problems as those encountered in discussions on legislation to make racism and xenophobia punishable offences, which took almost six years to pass (see EUROPE 9410). Progress made on this, however, would mean that discussions on the new project would not start from zero, said Frattini, in an attempt to be reassuring.
All 27 gave a cautious welcome to the Commission communication on beefing up the role of Eurojust. At the end of October, the Commission presented a document in which it confirmed its intention, in 2008, to bring forward draft legislation to increase the powers of Eurojust (see EUROPE 9530). The idea, to improve liaison between Eurojust and the European Judicial Network (EJN), was relatively well received by ministers. However, they argued for more reflection on, for example, increasing the competences of the Eurojust College. The Council indicated that it wanted to continue work on developing an e-justice portal. This judicial portal is expected ultimately to provide a single point of access to European Union and national law. By integrating member states' and the EU's internet resources, the portal should offer access to legal information, judicial and administrative authorities, registers, databases, and other available services, with the aim of simplifying the daily tasks of citizens and legal professionals. Costa said that one of the first contents which could be available on the future portal pilot project was access to company insolvency registers. The pilot project was expected to begin in the first half of 2008.
During the Council, ministers agreed on the proposal to update the 1991 directive on control of the acquisition and possession of weapons. Compromise with the Parliament was reached on first reading (see EUROPE 9554). Home affairs ministers said that agreement with the Parliament on the 2005 “return directive” as needed as quickly as possible. There remained differences between the two institutions on the text, particularly over the amount of time illegal immigrants can be held and the time during which an expelled person is not allowed to re-enter the EU. The trilogue that has been launched will try to resolve the situation so that the European Parliament can vote on a text in January. Ministers made progress on the text of the decision to change Europol into a Community agency, although without reaching a final compromise (see EUROPE 9557). Finally, a whole raft of conclusions were adopted on improving security with regard to explosives, security during international football matches, drugs trafficking (cocaine, projects to assist third countries), setting up an early warning system on disasters in the EU (and Tsunamis in the North East Atlantic and the Mediterranean), chemical, biological, radiological and nuclear (CBRN) risk preparedness, protecting critical infrastructure, organised crime, the European Police College, the European migration network, Schengen (budget, consultation network). For further information, go to: http: //http://www.consilium.europa.eu/ueDocs/cms_Data/docs/pressData/en/jha/97498.pdf (B.C.)