Brussels, 06/04/2009 (Agence Europe) - On Monday 6 April, the European Justice Ministers reached a compromise designed to avoid the facts of a particular case from being the subject of parallel criminal proceedings in a number of Member States. "The Presidency is satisfied that the general approach has been reached on a proposal which will simplify criminal proceedings in Europe", said Jirí Pospíšil, the outgoing Czech Justice Minister, at the end of the meeting in Luxembourg. "This is a big achievement", he added, stating that the text would allow the Union both to take on clear rules on criminal proceedings and to fight against double discrimination. The draft framework-decision provides that the Member States will keep each other informed of procedures pending on a given case. In the event that two jurisdictions from different countries believe that they are competent in the matter, the text gives the national authorities in question the opportunity to decide between themselves in direct consultations in order to reach an agreement quickly. If disagreement persists, the matter will be brought before Eurojust. In order to satisfy Denmark, which did not wish to see the obligatory involvement of Eurojust, the Czech Presidency arrived at a compromise which indicates that Eurojust will be involved in the matter when "appropriate". A paragraph will also be added to the recitals of the text reiterating the provisions contained within the decision on the competencies of Eurojust, which are: the obligation for the Member States to keep Eurojust informed at all times and their option to bring Eurojust in at any stage of the proceedings.
The European Commissioner with responsibility for Justice, Jacques Barrot, also presented the ministers with two draft framework-decisions on the fight against the sexual exploitation of children and child pornography and on the fight against the trafficking in human beings (EUROPE 9868). In view of the "very strong" support expressed by the Member States, the Commissioner said that he was "optimistic" at the chances of getting both decisions adopted before the end of the year. Furthermore, the Member States held a debate on the best way to tackle the financial crisis in the field of justice. The 27 will send the Presidency a report on their practices in order to enable an exchange of experiences, Mr Pospíšil explained, referring by way of example to the toughening of sentences and recourse to legal aid free of charge. He also stated that the Member States should all prepare to work on a draft regulation on wills and testaments. Forthe time being, the European Commission has postponed this proposal until a later date. Amongst other things, it is waiting for the conference on civil law arranged by the Czech Presidency and which will be held in Prague on 20 and 21 April, in order to bring the British and the Irish behind this dossier (EUROPE 9874). "This conference may allow us to move towards a stronger consensus", stressed Mr Barrot. Despite the insistence of a number of countries, particularly the Presidency, France and Sweden, the Commission has been unable to say when it was planning to present its text. Lastly, the Commissioner indicated that he was working on a proposal for the status of victims in criminal proceedings, which is likely to be presented next September. (B.C./trans.fl)