Framework decision 2005/214 - Application of the principle of mutual recognition to financial penalties - Main contents
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official title
Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penaltiesLegal instrument | Framework decision |
---|---|
Number legal act | Framework decision 2005/214 |
Original proposal | JAI(2001)11 |
CELEX number i | 32005F0214 |
Document | 24-02-2005 |
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Publication in Official Journal | 22-03-2005; Special edition in Bulgarian: Chapter 19 Volume 007,OJ L 159M , 13.6.2006,Special edition in Croatian: Chapter 19 Volume 011,Special edition in Romanian: Chapter 19 Volume 007,OJ L 76, 22.3.2005 |
Effect | 22-03-2005; Entry into force Date pub. See Art 21 |
End of validity | 31-12-9999 |
Transposition | 21-03-2007; At the latest See Art 20.1 |
22.3.2005 |
EN |
Official Journal of the European Union |
L 76/16 |
COUNCIL FRAMEWORK DECISION 2005/214/JHA
of 24 February 2005
on the application of the principle of mutual recognition to financial penalties
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles 31(a) and 34(2)(b) thereof,
Having regard to the initiative of the United Kingdom of Great Britain and Northern Ireland, the French Republic and the Kingdom of Sweden (1),
Having regard to the opinion of the European Parliament (2),
Whereas:
(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, |
HAS ADOPTED THIS FRAMEWORK DECISION:
Article 1
Definitions
For the purposes of this Framework Decision:
(a) |
‘decision’ shall mean a final decision requiring a financial penalty to be paid by a natural or legal person where the decision was made by:
|
(b) |
‘financial penalty’ shall mean the obligation to pay:
|
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