92002E2317

WRITTEN QUESTION E-2317/02

by Ole Krarup (GUE/NGL) to the Council

(26 July 2002)

Subject: Framework decisions and freedom of choice

In the light of current proposals for framework decisions in particular the proposal for a framework decision on the European arrest warrant(1), and the proposal for a framework decision on combatting racism and xenophobia(2), I would be glad if the Council could explain how it understands the detailed conditions for the use of framework decisions.

This question relates in particular to the freedom of choice as regards methods, which is accorded to Member States by Article 34(2)(b) of the Treaty on European Union for Member States. On the one hand the Treaty on European Union states that the Member States have freedom of choice; on the other hand the two cases in point seem in the broad sense to rule out such freedom. What is the minimum level of freedom of choice which the Council considers to be necessary in order for legislation to be issued in the form of a framework decision pursuant to Article 34(2)(b) (as opposed to a directive or regulation)? Has the Council's Legal Service given an opinion on this matter? Please attach any such opinions to your answer.

(1) COM(2001) 522 OJ C 332 E, 27.11.2001, p. 305.

(2) COM(2001) 664 OJ C 75 E, 26.3.2002, p. 269.

Reply

(4 March 2003)

Article 34(2) of the Treaty of European Union does provide no other criteria for the choice between decisions or framework decisions than the requirement that framework decisions should serve the purpose of approximation of the laws and regulations of the Member States and that decisions cannot be used for that purpose. The two instruments referred to by the Honourable Member of European parliament aim at an approximation of the legislation of the Member States, in particular with respect to procedures to be applied for the execution of European arrest warrants, and with regard to the definition of certain conduct to be dealt with as criminal offences in all Member States.

Since these instruments do not serve any objective set out in the EC Treaty, the choice for the instrument of a framework decisions based on Article 34(2) TEU is justified.