Brussels, 08/05/2009 (Agence Europe) - Although negotiation on national and bilateral agreements on matrimonial matters and parental responsibility is currently an area over which the EU has full competence, two texts approved by Parliament on Thursday 7 May propose to return this responsibility to the member states where Community interest is not at issue.
The co-decision report drafted by Gérard Deprez (ALDE, Belgium), which was adopted by 478 votes to 28, with 26 abstentions, proposes giving back to member states responsibility for negotiation of bilateral agreements with third countries on matrimonial matters, maintenance obligations and parental responsibility, when Community interest is not at stake. The regulation proposed by the Commission must set criteria balancing the interests of the member state concerned and the Community and not undermine Community law, MEPs say. They state that the system must not harm the Community's external relations policy and that member states must inform the Commission of any intention to begin negotiations. The Commission then should assess whether formal negotiations can be opened. If it authorises the opening of negotiations, the Commission may require the inclusion of specific clauses in the proposed agreement. The regulation will not apply if the Community has already concluded an agreement on the same issue with the third country/countries concerned.
MEPs also adopted (by 500 votes to 20, with 11 abstentions) the consultative report by Tadeusz Zwiefka (EPP-ED, Poland) on setting up a procedure that will allow the Community to decide whether it is sufficiently in its interest to conclude proposed bilateral agreements with third countries. The Community could, otherwise, authorise member states to conclude such agreements with third countries in certain areas relating to civil and commercial cooperation which are its sole responsibility. MEPs, who back the aim of the draft regulation, wanted to get rid of the Commission's discretionary power in authorising the conclusion of agreements.
MEPs also adopted (by 427 votes to 49, with 9 abstentions) the own initiative report by Maria Grazia Pagano (PES, Italy) which puts a number of recommendations to the Council on setting up an EU criminal justice area. They call for the adoption of an act establishing guarantees in criminal procedures, based on the principle of the presumption of innocence. They want better protection for victims and witnesses, for example in cases of organised crime, and also measures setting minimum standards on conditions of detention. Furthermore, MEPs trust that the EU will undertake to step up the fight against mafias and adopt legislation on the confiscation of the financial assets and goods of criminal organisations in order to re-use them for socially-oriented purposes. MEPs call for implementation of the principle of mutual recognition to be completed and to be effectively applied in the field of criminal justice. They also call for the creation of a “committee of wise men” responsible for studying the similarities and differences that exist between the criminal law systems of all member states, and for proposals to be submitted. While ensuring that any pointless redoubling of effort is avoided, measures should also be taken to promote the creation of a real European judiciary culture, with the founding of a European school for the legal professions. MEPs finally call for a comprehensive report on crime in the European Union to be published each year. (B.C./transl.rt/jl)