96/277/JHA: Joint Action of 22 April 1996 adopted
by the Council on the basis of Article K.3 of
the Treaty on European Union, concerning a framework for the
exchange of liaison magistrates to
improve judicial cooperation between the Member States of the
European Union
Official journal NO. L 105 , 27/04/1996 P. 0001 - 0002
Dates:
OF DOCUMENT:
22/04/1996
OF EFFECT:
27/04/1996; ENTRY INTO FORCE DAT.PUB SEE ART 4
OF END OF VALIDITY:
99/99/9999
Subject matter: JUSTICE AND HOME AFFAIRS
Directory classification code: 19000000
EUROVOC descriptor: information transfer ; joint action ; magistrate
; EU judicial cooperation ; Treaty
on European Union
JOINT ACTION
of 22 April 1996
adopted by the Council on the basis of Article K.3 of the Treaty
on European Union, concerning a
framework for the exchange of liaison magistrates to improve
judicial cooperation between the
Member States of the European Union
(96/277/JHA)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Article K.3 (2) (b) of the Treaty on European
Union,
Having regard to the initiative of the Italian Republic,
Whereas the Member States consider that they have a common interest
in adopting measures to
improve judicial cooperation, in both criminal and civil matters;
Whereas, to that end, the exchange of magistrates or officials
to liaise between the Member States
which so wish constitutes a useful and desirable measure;
Whereas the exchange of liaison magistrates of officials could
increase the speed and effectiveness of
judicial cooperation and at the same time facilitate better mutual
understanding between Member
States' legal and judicial systems;
Whereas more effective judicial cooperation in criminal matters
could also help in effectively combating
all forms of transnational crime, particularly organized crime
and terrorism as well as fraud affecting
the financial interests of the Community;
Whereas this joint action does not affect existing rules of procedure
for judicial cooperation or
exchanges of information between the Member States and the Commission
based on other
instruments;
Taking a positive view of the initiatives already undertaken
by a number of Member States in sending
liaison magistrates or officials to or receiving them from authorities
competent for judicial cooperation
and current initiatives to establish an effective network of
judicial contact points to combat
international organized crime;
Having considered the need to define a clear and useful judicial
framework for initiatives already under
way in order to increase their effectiveness and promote coordination,
HAS ADOPTED THIS JOINT ACTION;
Article 1
Exchange of liaison magistrates
1. This joint action establishes a framework for the posting or
the exchange of magistrates of officials
with special expertise in judicial cooperation procedures hereafter,
referred to as 'liaison magistrates',
as between Member States, on the basis of bilateral or multilateral
arrangements.
2. The Member States agree that, the guidelines laid down in this
joint action will serve as a reference
when they decide to send liaison magistrates to another Member
State or to exchange liaison
magistrates.
3. The main aim of creating a framework for the exchange of liaison
magistrates is to increase the
speed and effectiveness of judicial cooperation and to promote
the pooling of information on the legal
and judicial systems of the Member States and to improve their
operation.
Article 2
Functions of liaison magistrates
1. The tasks of liaison magistrates shall normally include any
activity designed to encourage and
accelerate all forms of judicial cooperation in criminal and,
where appropriate, civil matters, in particular
by establishing direct links with the competent departments and
judicial authorities of the host State.
2. Under arrangements agreed between the home Member State and
the host Member State, liaison
magistrates' tasks may also include any activity connected with
handling the exchange of information
and statistics designed to promote mutual understanding of the
legal systems and legal data bases of
the States concerned and to further relations between the legal
professions of each of those States.
Article 3
Exchange of information
Member States shall keep each other informed within the Council
of initiatives already under way and
those taken to implement this joint action. The Member States
concerned shall forward information on
their exchanges of liaison magistrates to the General Secretariat
of the Council annually.
Article 4
Final provision
This joint action shall be published in the Official Journal and
shall enter into force on the date of its
publication.
Done at Luxembourg, 22 April 1996.
For the Council
The President
S. AGNELLI
FONTE : http://ue.eu.int/ejn/indexfr.htm