Fédération des barreaux d’Europe
EU Justice needs an own Directorate General ! - Draft resolution for Aix-en-Provence 22. May 2010
With the appointment of Viviane Reding from Luxembourg as the commissioner for Justice, Fundamental Rights and Citizenship and the confirmation of this appointment by the EU parliament on February 9, 2010 the request of numerous politicians, experts and interest groups for independent departments for Justice, Freedom and Security has been fulfilled.
The current organisation indeed provides for a separate leadership of the departments of Home Affairs and the department of Justice ; however, for the time being the commissioners Viviane Reding and Cecilia Malmström (Home Affairs) share a common Directorate General. This situation should be changed as quickly as possible. On one hand, this situation impedes the optimal implementation of the needs of EU Justice. For there is always a risk that the interests of Justice are already filtered out on the administrative level and are not even made aware to the commissioner of Justice. On the other hand, we are of the opinion that in the interest of the employees it is not acceptable that they should work for two commissioners whose interests basically go in opposite directions – this may lead to divided loyalities not in every case, but in many questions, particularly regarding the area of security policy, which conflict should be difficult to bear for many employees.
Professional appraisals are – as we all know – substantially affected by the general views held on the officer and leadership level. It is in the interest of all participants in the process of EU administration and legislation that the decision-making process is of utmost transparency and that in cases of conflict the most compelling solution with the best arguments prevails in an open discourse. Notably the discussions about the so called “Swift-Treaty” in the last months has shown that a clear concept of and adherence to civil rights is needed to come to a just and sustainable balance of interests. We are also of the opinion that the proposed framework resolution on the establishment of a system for the storage of data of air passengers throughout the EU would not even have been presented in a form so blatantly negating data protection rules, if at the time there had already been established a separate commissioner for Justice. And finally, an improvement of the rights of suspected persons on an EU level is overdue to counterbalance the increased cooperation in criminal matters all over the EU – as for example the EU warrant of arrest.
Justice in the EU member states draws its high reputation and its integrative appeal from an open decision making process of utmost rationality. We therefore believe that it is indispensable to quickly establish an own Directorate General for Justice, Fundamental Rights and Citizenship. EU justice policy has been under the control of security policy for long enough – the time has come for a real emancipation of Justice on the EU level !
We therefore plead to support the following draft resolution which will be presented on the coming general congress of the FBE from May 20 – 22 in Aix-en-Provence.
- DRAFT RESOLUTION
- Progetto di risoluzione
- Projet de résolution
- Proyecto de Resolución
- RESOLUTIONSENTWURF
Gisela von der Aue, Senatorin für Justiz in Berlin, Irene Schmid, Präsidentin der Rechtsanwaltskammer Berlin