92003E1229

WRITTEN QUESTION E-1229/03

by Freddy Blak (GUE/NGL) to the Council

(2 April 2003)

Subject: Enhanced legal cooperation

Following a visit to a Danish national who is imprisoned in Spain, I now realise that European legal cooperation leaves much to be desired. The person concerned has been in prison since 28 November 2001 accused of murder. On 14 January 2002, the accused's lawyer sent an international court order to the Spanish Ministry of Justice, to be forwarded in turn to the Danish Ministry of Justice, with a view to summoning a witness for questioning. More than a year later, this international court order has still not left the Spanish Ministry of Justice.

It is appalling that such sluggish procedures can delay and prolong legal cases. To date, no formal charge has yet been made against the accused.

Will the Council therefore say what initiatives it intends to take to enhance European cooperation in this field?

Reply

(22 July 2003)

The Council cannot comment on matters that are pending before national authorities.

Provisions aiming at speeding up procedures of mutual co-operation in criminal matters between the Member States of the European Union are contained in the 1990 Schengen Convention (Article 53) and in the Convention adopted on 29 May 2000 on mutual assistance in criminal matters between the Member States of the European Union(1). (Article 6, which will in due time replace Article 53 of the 1990 Schengen Convention).

The European Judicial Network, introduced by Joint action 92/428/JHA of 29 June 1998, has, as its mission to local judicial authorities of different Member States, to establish the most appropriate direct contacts, and to enable local judicial authorities to prepare effective requests for judicial cooperation.

At present no further proposal or initiative has been submitted to the Council dealing with procedures as described by the Honourable Parliamentarian in his question.

(1) OJ C 197, 12.7.2000.