| Author (Person) | Banks, Martin |
|---|---|
| Series Title | European Voice |
| Series Details | Vol.10, No.11, 25.3.04 |
| Publication Date | 25/03/2004 |
| Content Type | News |
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Date: 25/03/04 By Martin Banks JUSTICE ministers are set to clash with the European Commission next week over plans for an EU-wide evidence warrant. Under the plans, recently put forward by the Commission, authorities in one member state could request objects, documents and data - including individuals' criminal records - from another state for use in criminal proceedings. Member states would be compelled to provide the information. However, a judge in one country would not be able to ask for the DNA of a defendant on trial in another state. António Vitorino, the commissioner for justice and home affairs, believes an evidence warrant could speed up procedures in criminal investigations. He sees the measure as a natural extension of the European arrest warrant, which came into force in some member states at the start of this year and is set to be implemented in all member states by June. However, the proposal is likely to meet with a muted response when it is discussed by EU justice ministers in Brussels, possibly next Tuesday (30 March). Italy expressed reservations about the plans and a representative for the country's justice ministry said they would have to scrutinize its constitutional implications. To enter into force, the proposal would need to be adopted unanimously by the Council of Ministers once the European Parliament has been consulted. Some member states believe the proposal in its current form does not contain adequate safeguards. Their fears are echoed by the UK-based campaign group, JUSTICE, whose EU legal officer Marisa Leaf said an evidence warrant would “foster a culture of mistrust” between member states. “Mutual recognition of judicial decisions taken in other member states presumes that the criminal justice systems of all EU member states provide comparable protection of individual rights. “However, these proposals have been developed without ensuring that this is the case. This was a problem with the arrest warrant and the current proposals show the same inadequacy.” A spokesman for Vitorino said: “These proposals are at a very early stage and there is plenty of room for them to be modified.” |
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| Source Link | http://www.european-voice.com/ |
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| Subject Categories | Justice and Home Affairs |
