European Voice
By Toby Vogel

Eight states want closer criminal co-operation

Proposal would give investigators in criminal cases access to evidence in other countries.

Eight member states of the European Union have put forward their own proposal for EU-wide rules that would give investigators in criminal cases access to evidence in other countries.

The EU’s 27 member states took note of the initiative on Monday (12 July), clearing the way for the proposal on a European investigation order to be forwarded to the European Parliament and to the European Commission. The proposal would have to have the approval of a weighted majority of member states and of the Parliament to become law.

The Commission is preparing a proposal of its own under the EU’s Stockholm programme, but eight member states – Austria, Belgium, Bulgaria, Estonia, Luxembourg, Slovenia, Spain and Sweden – believe that faster legislation is required.

The proposed investigation order is intended to replace the European evidence warrant. The legislation for such warrants was approved in 2008, but the warrants come into effect only next January. “It is widely recognised that the evidence warrant is one of the worst instruments ever adopted” in the field of co-operation in criminal matters, said a diplomat from one of the eight member states that have proposed the investigation order. “Rather than implementing it, we should make a fresh start. The urgency relates to the fact that if we do not have this debate now, then we have to start implementing the evidence warrant.”

Full article


European Voice
By Jennifer Rankin

Belgium  revives plan for cross-border prosecutions

Plan could make it easier to bring cross-border traffic offenders to justice.

A plan to make it easier to prosecute drivers who break the rules of the road outside their home country has been revived by Belgium’s EU  presidency, raising hopes that the long-disputed proposal could become law.

The cross-border enforcement directive is intended to make it easier to punish drivers guilty of the most common road-traffic offences – speeding, drink-driving, failing to wear seat belts and jumping red lights. But the law stalled in 2008, amid national government fears that it would undermine national prerogatives over criminal justice.

The European Commission has argued that EU rules are necessary because foreign drivers are more likely to be found guilty of speeding. According to the Commission, foreign drivers account for around 5% of traffic on the average road but commit 15% of speeding offences.

Electronic data exchange system

The law would create an EU electronic data-exchange system to help traffic police identify guilty drivers and send them penalty notices. However, foreign police would not be able to deduct points from driving licences.

MEPs approved the law in a first reading in 2008, but transport ministers failed to agree on which part of the EU’s rule-book the proposed law should be based.

Belgium, famous for its dense road network, hopes that changing the legal base from ‘transport’ to the ‘police co-operation’ chapter will enable it to make the breakthrough that has eluded previous presidencies. Belgian officials would like a political agreement as soon as possible and certainly before the end of the country’s presidency in December.

The scope of the law will be limited to information exchange, with a clear statement that national road-traffic laws will not be harmonised, to soothe governments’ sensibilities about sovereignty.

Ellen Townsend of the European Transport Safety Council said the proposal became even more important when traffic police were facing budget cuts. “If we have got a new specific law on road safety, that will send a very important signal to governments and the police.” Enforcing traffic law was one of the most important ways to cut the number of deaths on the roads, she said.

Full article


A look at how the Ian Bailey case could change the rules on sovereign jurisdiction *

Much legally at stake in French attempt to extradite Bailey

EU takes first steps towards European Public Prosecutor *

Irish DNA database will be shared with EU states and could bring in mass screening *

Long Live The New Union? *