European Union - Thirty-First Report
Here you can browse the report which was ordered by the House of Lords to be printed 17 July 2007.
CONTENTS
Terms of Reference
Foreword—what this Report is about
Chapter 1: Introduction
Bail/liberty denied to thousands
The cost to the individual
The cost to the State
Present position unacceptable
How the European supervision order could
help
The European arrest warrant
ESO—a welcome measure
Attitudes/level of support in the Council
Competing priorities
Engaging Member States' attention
Other parliaments
Conduct of inquiry
Chapter 2: The Proposal in Outline
The Commission proposal
Figure 1: Issuing and recognising an ESO
Figure 2: Breach of condition of ESO
Mutual recognition—the basis of ESO
Importance of principle of mutual recognition
The importance of trust
The rival proposal—Eurobail
Eurobail v ESO—views of our witnesses
(i) Mr Jakobi
(ii) the Commission
(iii) the CPS
(iv) the Law Society
(v) the judges
(vi) JUSTICE
(vii) the Government
Views of the Committee
Division of competence between issuing and
executing States
Greater involvement of the executing State—a
hybrid approach
Practical burden—how the ESO might
affect the UK
The general costs burden
Costs of translations and interpretation
Need for UK impact assessment
Chapter 3: Grant of an ESO
Involvement of the suspect
Importance of the conditions
More mandatory conditions
Common conditions
Need for liaison
Effective and timely liaison
(i) central authority
(ii) video links
(iii) tripartite proceedings
How prescriptive should the Framework Decision
be?
Return of suspect to his home State
Time limits
Need for a timetable
Chapter 4: Recognition and Execution
Decision to recognise/refuse an ESO
Grounds for non-recognition
Age of criminal responsibility
Dual criminality
Execution
Amendment/review of an ESO
The 60 days rule
Modification contrasted
Competing obligations to surrender or extradite
Competing surrender instruments
Priority of domestic prosecutions
Chapter 5: Enforcement and Return
Determination of breach
Division of competences between the issuing
and executing States
A tripartite procedure
Consequences of a breach
Power of arrest
Apprehended breaches
The Commission's view
Need for certainty
Minor breaches
Greater flexibility
Return of suspect
Overriding considerations
ECHR rights
Suspect in third Member State
Chapter 6: Summary of Conclusions and Recommendations
The ESO—a welcome measure
ESO or Eurobail
Cost
The ESO—grant and recognition
Recognition and execution
Enforcement and return
Appendix 1: Sub-Committee E (Law and Institutions)
Appendix 2: List of Witnesses
Appendix 3: Reports
ORAL EVIDENCE
Oral evidence, 21 March 2007
Oral evidence, 18 April 2007
Oral evidence, 25 April 2007
Oral evidence, 9 May 2007
Oral evidence, 23 May 2007
Oral evidence, 6 June 2007
WRITTEN EVIDENCE
NOTE: References in the text of the Report are as
follows:
(Q) refers to a question in oral evidence
(p) refers to a page of the Report or Appendices,
or to a page of evidence
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