Council publishes its conclusions supporting the Council of Europe's legislative work in the area of criminal justice

The Official Journal of the European Union published on March 3rd 2009, the Council's conclusions of February 26th 2009 supporting the Council of Europe's legislative work in the area of criminal justice. In its conclusions, the Council stresses that many of the Conventions of the Council of Europe form part and parcel of the bedrock of co-operation in criminal matters between the Member States of the European Union.

Meeting in Brussels on February 26th 2009, members of the Justice and Home Affairs Council exchanges their views, among other issues, on illegal immigration in the Mediterranean and on a proposal for establishing a European Asylum Support Office.

In this meeting, the Council also took account of the important achievements that have been brought about by the Council of Europe in creating a treaty framework for legal co-operation in criminal matters between the Members of the Council of Europe, as well as the fact that duplication of work should, as far as possible, be avoided to the extent that the objectives pursued can also be achieved through ratification and implementation of Council of Europe Conventions in all EU Member States.

The European Council recalled the crucial role that the Council of Europe has played in the approximation of criminal legislation in Europe regarding fundamental issues.

European Council objectives for cooperation with Council of Europe in criminal issues

  1. Reiterates its respect for the legislative activities of the Council of Europe in the area of criminal justice
  2. Reaffirms its intention to continue the close co-operation between the European Union and the Council of Europe in this area.
  3. Calls upon Member States to sign, ratify and implement the Conventions of the Council of Europe in the area of international co-operation in criminal matters and on approximation of criminal legislation when appropriate, in particular when the provisions of these conventions are integrated in the acquis of the EU.

The Council stressed the fact that the Council of Europe Conventions have often laid the indispensable foundations for further approximation of the legislation of the Member States of the European Union, and referred to the need for Member States to sign and/or ratify in particular:

  • Criminal Law Convention Nº 173 on Corruption
  • Convention Nº 196 on the Prevention of Terrorism
  • Convention Nº 197 on Action against Trafficking in Human Beings
  • The Council of Europe Convention Nº 198 on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism
  • Convention Nº 201 on the Protection of Children against Sexual Exploitation and Sexual Abuse

Both the European Commission and the European Parliament have been quite active in many of those areas, as it is the case for the European Parliament's proposal to reinforce legislation against terrorism at the same time that MEPs claim for fundamental rights safeguard. Alongside, the Council published in October 2008, the decision to conclude on behalf of the European Community, the United Nations Convention against Corruption. The European Council recalls the need to make joint efforts between all the institutions involved as to further develop legislation in the same direction.