Brussels, 30/05/2008 (Agence Europe) - On Friday 30 May, the European Commission took an extra step towards the electronic interconnection of all records within the European Union, with its adoption of a proposed decision by the Council aiming to create a computerised system of criminal records (ECRIS). On the same day, the Commission adopted a communication on on-line justice or "e-justice", regarding current and future initiatives which will contribute to promoting the European area of justice. A further initiative concerns the launch of a forum on justice, the objective of which is to promote dialogue between the Commission and those involved in the legal fabric of the member states.
System of information on criminal records: in June 2007, the member states agreed on a draft framework decision setting down the foundations for a computerised system of exchanges of information on sentencing (EUROPE 9446). Even though this proposal is still the subject of several national parliamentary reservations, the Commission hopes to anticipate the final adoption of this text, in its proposal of an operational computerised system to allow judges, members of the Ministry of State and the police authorities of the EU to exchange information in a form which is easily understandable in view of the differences between the criminal legal systems, languages and even alphabets. The proposal establishes the general architecture of the electronic exchange of information, creating a foundation for future computerised developments on the interconnection of national criminal records. ECRIS is a system based on a decentralised computer system, in which criminal records will be held exclusively in databases managed by the member states. The system was designed to guarantee that information could be sent in a form which is immediately understandable by the recipient. In order to achieve the interconnection of the national criminal databases quickly, the Commission hopes to be in a position to develop interconnection software by the end of this year, which will allow all member states to take part in the exchanges. A study carried out by the Commission in 2006 to evaluate the current state of exchanges of information on criminal records showed that the national legal systems frequently pass sentence on the basis of the criminal record produced by their national register alone, in full unawareness of any sentences which may have been passed by other member states. This information, which is particularly useful for various reasons, such as access to certain types of employment, is not being circulated as it should be, as shown in the tragic "Fourniret" case.
The European "e-justice" strategy: in its communication, the Commission draws up an inventory of existing projects and proposes future coordinated action at EU level. The document suggests the creation of a European portal to facilitate access to justice for citizens and businesses throughout Europe (EUROPE 9589). The portal will provide advice to find the competent jurisdiction in the country in question and will make it possible to access certain procedures online, such as the recovery of small debts. As part of this project, the Commission will also pay great attention to the interconnection of criminal records. It is also contemplating other initiatives concerning exchanges of information between legal practitioners, better use of video conferencing and innovative translation tools, such as automatic translation, dynamic formulae and a European database of legal translators and interpreters. Practical information concerning the victims' rights and defence will be uploaded next year and most other projects will undergo feasibility studies. The Commission takes the view that new legislation should not be necessary to develop justice on line. It is worth noting that the Slovenian Presidency of the EU will hold a conference on "e-justice" and "e-law" on 1-3 June. This subject will also feature among the priorities of the forthcoming French Presidency.
The forum on justice: the objective of this forum will be to promote dialogue between the Commission and those active in the legal systems of the member states, on the subjects of civil justice and criminal justice. Representatives of all professions throughout the legal systems (judges, lawyers, prosecutors, universities, legal translators and interpreters), delegates from non-governmental organisations, the Council of Europe and the Fundamental Rights Agency have been invited to take part in meetings of this forum. Its role will be to examine existing Community legislation and to think of measures which may be adopted in the future. This tool will also give the Commission feedback on the experience of obtaining information on the Community legal instruments already adopted and in force, in order to identify measures which may be considered useful by practitioners and to verify whether there are still any gaps in EU legislation. The forum on justice will meet four times a year. The subjects decided upon for 2008 are mutual recognition on criminal matters, "e-justice" and victims' rights. (B.C.)