During the plenary session of the European Parliament in Brussels (18-21 January 2021), MEPs debate on the European Arrest Warrant and surrender procedures between Member States. Opening statement by Javier ZARZALEJOS (EPP, ES), rapporteur and Didier REYNDERS, European Commissioner for Justice. This transcription speech is the result of an automatic process. Check against delivery.

Brussels

statement

debate

plenary session

European arrest warrant (T)

REYNDERS, Didier (BE, EC)

ZARZALEJOS, Javier (EPP, ES)

European Arrest Warrant and surrender procedures between Member States: Opening statements by Javier ZARZALEJOS (EPP, ES), rapporteur and Didier REYNDERS, European Commissioner for Justice

SOUNDBITE (Original), David SASSOLI, EP President, So with the agenda having been adopted, the first point on the agenda is the Zarzalejos report, the European arrest warrant and surrender procedures between member states. I would like to remind members that for all debates in this session, I sadly, as we've seen regularly in this period, there are no catch, there is no catch the eye procedure and no blue card questions remote interventions are allowed from the member states, as we are used to now.

SOUNDBITE (Original), David SASSOLI, EP President, We'll start with the report on the European Arrest Warrant, and I'll give the floor immediately to the rapporteur. Mr Zarzalejos. You have the floor, please

SOUNDBITE (Original), Javier ZARZALEJOS (EPP, ES), rapporteur, Thank you, President, honourable members, Commissioner, I am putting to the plenary a report on implementation of the European Arrest Warrant drafted in the LIBE committee. We are talking about an essential instrument for judicial cooperation.

SOUNDBITE (Original), Javier ZARZALEJOS (EPP, ES), rapporteur, One of the bedrocks of the area of freedom, security and justice. The European Arrest Warrant was introduced through a framework decision on the 13th of July 2002. Undoubtedly, it is one of the most notable achievements in the area of judicial cooperation in the European Union.

SOUNDBITE (Original), Javier ZARZALEJOS (EPP, ES), rapporteur, It paved the way for other instruments that made it possible to build on that achievement. It replaced the traditional extradition procedure based on mistrust between legal systems, instituting instead a procedure of surrender based on trust and mutual recognition of judicial rulings.

SOUNDBITE (Original), Javier ZARZALEJOS (EPP, ES), rapporteur, This step marked a qualitative sea change in the interests of law, reparation of victims, eliminating in this way areas of impunity. Now, during our discussions on this report, and it was my honour to be rapporteur during our discussions, I underscored that overall the European arrest warrant is a success story overall.

SOUNDBITE (Original), Javier ZARZALEJOS (EPP, ES), rapporteur, However, we do believe that there is room for improvement. We focussed our debate on exploring avenues for improvement deed. It was a legally complex debate, but worthwhile and timely.

SOUNDBITE (Original), Javier ZARZALEJOS (EPP, ES), rapporteur, Now the European Arrest Warrant has thrown up major questions that have largely been clarified through brave case law handed down by the European Court of Justice. The court has strengthened this cooperation instrument on two levels.

SOUNDBITE (Original), Javier ZARZALEJOS (EPP, ES), rapporteur, Firstly, it clearly placed the surrender procedure in the context of fundamental rights and procedural guarantees to be respected.

SOUNDBITE (Original), Javier ZARZALEJOS (EPP, ES), rapporteur, Secondly, the court confirmed the obligation incumbent on member states to cooperate, rejecting diverging enforcement and transposition that would go too far from the spirit or letter of the framework decision.

SOUNDBITE (Original), Javier ZARZALEJOS (EPP, ES), rapporteur, I believe that the commission is aware of this situation that was clear in the report it recently presented in this regard, and we would urge the commission to look at these diverging interpretations and correct them when necessary through infringement proceedings.

SOUNDBITE (Original), Javier ZARZALEJOS (EPP, ES), rapporteur, Our report is based on that balance struck between effective cooperation and safeguards. We are clear in our report in calling for the European arrest warrant to be used in a proportionate fashion and in conformity with other judicial cooperation, instruments that are less intrusive where they would achieve the same results.

SOUNDBITE (Original), Javier ZARZALEJOS (EPP, ES), rapporteur, Now. Let me be clear, crystal clear. We want to see demanding exacting safeguards for fundamental rights, and that is clear and pervasive throughout the text, that was our main concern in our discussions.

SOUNDBITE (Original), Javier ZARZALEJOS (EPP, ES), rapporteur, We did not ignore the objective facts that are currently undermining trust between member states, but in line with established European Court of Justice interpretation. We would like to be extremely cautious to avoid damaging this essential piece of judicial cooperation.

SOUNDBITE (Original), Javier ZARZALEJOS (EPP, ES), rapporteur, Now, surrender must be the general rule, and any decision to refuse a European arrest warrant must be the exception. It must be interpreted in a very restrictive fashion and duly justified.

SOUNDBITE (Original), Javier ZARZALEJOS (EPP, ES), rapporteur, Now the report calls for extending the list of 32 offences that don't require a check on double criminality. We're looking at adding 10 new offences such as tax avoidance, violence against women, Internet crimes, hate crimes, major pollution, offences against public order, serious threats, use of violence or offences that would undermine the constitutional integrity of member states' use of violence, war crimes, crimes against humanity.

SOUNDBITE (Original), Javier ZARZALEJOS (EPP, ES), rapporteur, Now, the rationale should be cooperation, and that should lead to new areas where cooperation is smoother between member states that protect essential legal goods, that member states that form part of a community of rule of law.

SOUNDBITE (Original), Javier ZARZALEJOS (EPP, ES), rapporteur, Now, to ensure smoother cooperation, we looked at the practical arguments in favour of strengthening the role and resources available to Eurojust, improving training for legal practitioners, also, in particular those dealing with the European arrest warrant and surrender procedures. We want to ensure better information available in this area.

SOUNDBITE (Original), Javier ZARZALEJOS (EPP, ES), rapporteur, Now, I would like to warmly thank all groups for their input. We were able to discuss this report in a very lively, constructive fashion. I sought to make a real effort to secure broad based agreement, and I believe that was reflected in the vote that took place in the committee early December last.

SOUNDBITE (Original), Javier ZARZALEJOS (EPP, ES), rapporteur, I would like to underscore that the compromises were broadly supported and they covered the majority of the 235 amendments that were table to my initial draught report. I hope that that consensus will be maintained here, and I hope that those that did not back the compromises at that time would be able to do so today.

SOUNDBITE (Original), Javier ZARZALEJOS (EPP, ES), rapporteur, Honourable members, Commissioner, nobody can deny that security and freedom are two key components of any rule of law, and they are facing major challenges, new types of crime, powerful technology used to undermine the rule of law, threats, violent unrest, new types of crime affecting victims.

SOUNDBITE (Original), Javier ZARZALEJOS (EPP, ES), rapporteur, Now, the only alternative to impunity is cooperation. The best security that we can guarantee to protect fundamental rights is to ensure effective judicial cooperation in the area of criminal law.

SOUNDBITE (Original), Javier ZARZALEJOS (EPP, ES), rapporteur, Now, this report is designed to strengthen that cooperation through all the safeguards that make up the European Union are key. And so I call on all members of parliament to back the tax put forward here today. Thank you.

SOUNDBITE (Original), David SASSOLI, EP President, Thank and thank you, Rapporteur. I would now like to give the floor to the commission. Commissioner Reynders, go ahead, sir.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice, Ladies and gentlemen, thank you, president, rapporteur. Members of parliament, first of all, I would like to thank Mr Zazalejos, the rapporteur, for the work undertaken in recent months on this report on the European Arrest Warrant.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice, I'm delighted to have the opportunity to be here today with you to debate this essential instrument essential for the area of freedom, security and justice. The European Arrest Warrant is the most effective judicial instrument in Europe.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice, It's an essential tool for people suspected of a crime being surrendered from one member state to another. It guarantees that suspects and people condemned cannot escape justice within that within the union.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice, We see that with the number of arrest warrants issued and the number of preliminary rulings submitted to the Court of Justice in this area, we see that the European arrest arrest warrant has been widely used by legal practitioners, and the court's case law has contributed to a uniform application of this instrument and the respect of fundamental rights.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice, Of course, as the commissioner already said in its report in July 2020, there is room for improvement in the arrest warrant that is recognised by member states who have adopted conclusions in December 2020 on that subject, in your report, you also include a number of suggestions.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice, I would like to highlight already the fact that the commission has acknowledged this report with great interest within the framework of our work on improvement of the arrest warrant. Allow me to give you a few concrete examples.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice, I want to underline that there is no doubt that European arrest warrants need to respect our fundamental values. The system is stricter on that basis. As you know, the respect of fundamental rights is underlined in the framework decision itself. Clear standards for its application have also been set by the case law of the Court of Justice.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice, The court has notably confirmed that a refusal is possible on fundamental rights grounds as regards detention conditions and the right to a fair trial although in exceptional cases. And furthermore, the respect of fundamental rights is also enshrined in the EU procedural rights directives, which have to be fully transposed and implemented in all the member states.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice, However, our work is not confined to stating that fact. The commission intends to continue thought on possible further guarantees for protection of fundamental rights. As your report says, the question of admissibility of evidence and provisional detention on openness of a pertinence and need to be studied further. We've carried out a study on this to examine the existing problems and the need to adopt possible European rules.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice, The list of offences for which no double criminality check is required. Firstly, I would like to point out that the list, as it stands, covers most of the offences that member states consider as serious offences within the EU.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice, Having said that, the commission will look into this issue through a gap analysis to see whether further offences would need to be added or whether a more precise definition of the offences, as mentioned in the current list, will be needed. As you know, the commission is also working on an initiative to expand the list of your crimes with regard to hate speech and violence against women.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice, This will lead to more common EU offences not requiring a double criminality check any longer. Moreover, any possible modification of this list would not just affect the functioning of the European arrest warrant, but would likely also have an impact on all of rather relevant mutual recognition instruments which contain a similar list like the Euroopean investigation order.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice, Another point, the commission welcomes the soft law measures recommended in your report. As you know, the commission is already providing funding for training and networks on the European arrest warrant, and we intend to continue doing so. We also share your focus on the importance of reliable data.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice, The commission is currently increasing on the possibilities to expand the digital exchange platforms to judicial cooperation instruments such as the European Arrest Warrant. This will lead to better comparable data in the future, and we agree with your focus on the importance of direct contacts and consultation between judicial authorities.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice, I hope we can also improve the situation by a closer alignment with all relevant parties to the European Arrest Warrant Coordination Group, which was recently set up by the Commission.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice, Finally, we have started revising the European Arrest Warrant Handbook. It will contain an update of the 33 new judgements rendered by the Court of Justice on the instrument since the last version of the handbook in 2017.

paragraph-41 Before concluding allow me to make one last point, which I believe is fundamental. The commission attaches greatest importance to complete and correct transposition of the framework decision on the European Arrest Warrant.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice, So far, we have launched infringement proceedings against seven member states on the matter of transposition and we will continue if necessary this year. We welcome the fact that certain member states intend to modify national legislation in order to close the gaps identified.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice, That is an essential task if we want to have optimal functioning of the arrest warrant throughout the European Union. Thank you very much for your attention and looking forward to your questions on this instrument, which, as I said, is probably the most important instrument in the functioning of criminal justice cooperation between member states. Thank you.