Considerations on JAI(2001)11 - Initiative of the United Kingdom, France and Sweden with a view to adopting a Council Framework Decision on the application of the principle of mutual recognition to financial penalties

Please note

This page contains a limited version of this dossier in the EU Monitor.

 
dossier JAI(2001)11 - Initiative of the United Kingdom, France and Sweden with a view to adopting a Council Framework Decision on the application ...
document JAI(2001)11
date February 24, 2005
 
table>(1)The European Council meeting in Tampere on 15 and 16 October 1999 endorsed the principle of mutual recognition, which should become the cornerstone of judicial cooperation in both civil and criminal matters within the Union.
(2)The principle of mutual recognition should apply to financial penalties imposed by judicial or administrative authorities for the purpose of facilitating the enforcement of such penalties in a Member State other than the State in which the penalties are imposed.

(3)On 29 November 2000 the Council, in accordance with the Tampere conclusions, adopted a programme of measures to implement the principle of mutual recognition of decisions in criminal matters (3), giving priority to the adoption of an instrument applying the principle of mutual recognition to financial penalties (measure 18).

(4)This Framework Decision should also cover financial penalties imposed in respect of road traffic offences.

(5)This Framework Decision respects fundamental rights and observes the principles recognised by Article 6 of the Treaty and reflected by the Charter of Fundamental Rights of the European Union (4), in particular Chapter VI thereof. Nothing in this Framework Decision may be interpreted as prohibiting refusal to execute a decision when there are reasons to believe, on the basis of objective elements, that the financial penalty has the purpose of punishing a person on the grounds of his or her sex, race, religion, ethnic origin, nationality, language, political opinions or sexual orientation, or that that person's position may be prejudiced for any of these reasons.

(6)This Framework Decision does not prevent a Member State from applying its constitutional rules relating to due process, freedom of association, freedom of the press and freedom of expression in other media,