4

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Publicatietype
Beleidsterrein
Auteur
Zoekterm
Datum

Easier acceptance of public documents

02-06-2016

In May, the European Parliament is due to vote on a proposal for a regulation on promoting the free movement of citizens and businesses by simplifying the requirements for presenting certain public documents issued by another Member State. The proposal, one of the key initiatives presented by the Commission during the European Year of Citizens in 2013, is also intended to contribute to the European Union's ‘Justice for growth’ policy.

In May, the European Parliament is due to vote on a proposal for a regulation on promoting the free movement of citizens and businesses by simplifying the requirements for presenting certain public documents issued by another Member State. The proposal, one of the key initiatives presented by the Commission during the European Year of Citizens in 2013, is also intended to contribute to the European Union's ‘Justice for growth’ policy.

Exchange of Information on Third Country Nationals – European Criminal Records Information System: Initial Appraisal of a European Commission Impact Assessment

17-03-2016

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment accompanying the Commission proposal on the European Criminal Records Information System, submitted on 19 January 2016 and referred to Parliament's Committee on Civil Liberties, Justice and Home Affairs. The European Criminal Records Information System (ECRIS) is an electronic system allowing Member States to exchange information on previous convictions against an individual ...

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment accompanying the Commission proposal on the European Criminal Records Information System, submitted on 19 January 2016 and referred to Parliament's Committee on Civil Liberties, Justice and Home Affairs. The European Criminal Records Information System (ECRIS) is an electronic system allowing Member States to exchange information on previous convictions against an individual by criminal courts in the European Union (EU). It is based on the principle that each Member State keeps a record of all convictions against its nationals, including those given in other Member States. The exchange of information is intended to be used in new criminal proceedings against that person, but national laws can widen the scope for such exchange of information for other purposes. The IA provides logical qualitative analysis linking the problem, its underlying drivers, the objectives and the policy options to address it. The qualitative analysis is reasonable, makes concrete arguments and is substantiated with up-to-date statistical data, although one might question the decision not to hold the mandatory 12 week open public consultation. In the discussion of the policy options, it would appear that only options 3 and 4 were actually considered as viable alternatives. In its analysis of the costs, the IA draws considerably on the Kurt Salmon report, which provides a convincing evaluation of options 3 and 4 with regard to substantive compliance costs. Where the IA goes beyond the data and analysis provided in the Kurt Salmon report, however, there are instances where the assessment appears less clear. With regard to the shift in preference from the voluntary use of fingerprints for the identification of TCN (favoured as a preferred sub-option in the IA) to the mandatory use of fingerprints (the sub-option chosen in the proposal), one possibility may be that the weighting of the arguments for and against the different sub-options might have changed prior to adoption of the proposal due to the particularly volatile security situation in the EU.

Forum on Judicial Cooperation in Civil Matters : Debate with National Parliaments (2 December 2008) Session II - e-justice : a Tool for Citizens, Practitioners and Business

14-11-2008

Externe auteur

Carlos Manuel Gonçalves de Melo Marinho (Judge, Contact Point of the European Judicial Network in Civil and Commercial Matters and of the IberRede, Lisbon, Portugal) ; Philippe Delarbre (Director of the National Criminal Records Bureau, Nantes, France) ; Marc van Opijnen (Senior Adviser Legal Informatics, Department for Internet Applications of the Dutch Council for the Judiciary, Utrecht, Netherland)

A Synthesis of the Main Developments at EU Level to Enable an Exchange of Criminal Records

16-02-2006

Four EU Member States are currently piloting a project for networking of their national criminal records. Within the EU as a whole, pressure to improve the exchange of criminal records has been growing steadily in recent years. The deficits of existing procedures have been highlighted by a serious of high-profile cases. New measures are needed to ensure that comprehensive records, be they on sex offenders, terrorists or simply road traffic offenders, are passed quickly from one Member State to another ...

Four EU Member States are currently piloting a project for networking of their national criminal records. Within the EU as a whole, pressure to improve the exchange of criminal records has been growing steadily in recent years. The deficits of existing procedures have been highlighted by a serious of high-profile cases. New measures are needed to ensure that comprehensive records, be they on sex offenders, terrorists or simply road traffic offenders, are passed quickly from one Member State to another. This note charts recent developments at EU level and explains the legal obligations arising from existing and new instruments. Member States have chosen to maintain the centralisation of criminal records in the state of nationality but they now need to modernise their national criminal records and make them more accessible to other Member States, subject to the necessary legal guarantees. The Commission has proposed two Framework Decisions which would develop technical systems of information exchange and elaborate further obligations relating to the storage and transmission of national criminal records in the EU. Proposals are also on the table which would require judges to take convictions handed down in other Member States into account.

Externe auteur

Peter Cullen

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