European Justice and Home Affairs Council Acts on Criminal Justice Harmonization

On October 14-15, 2002, the European Justice, Home Affairs and Civil Protection Council worked on a number of criminal justice items during its meeting. The Council considered a general approach, subject to parliamentary reservations and the examination in due time of the opinion of the European Parliament, on the draft Council Framework decision on combating corruption in the private sector. The proposed Framework Decision aims to ensure that all EU Members will have effective rules on confiscation of proceeds from crime. After some discussion, the Presidency concluded that the extension of the powers of confiscation should be limited to certain specific limited infractions and only in cases where a court, based on evidence, found that the property had been acquired illegitimately or by illegitimate means. The Council confirmed that the extension of powers of confiscation must respect the fundamental rights and the European Convention for the Protection of Human Rights and Fundamental Freedoms. Subject to some parliamentary reservations, the Council reached a general approach on a Decision establishing a mechanism to evaluate the legal systems and their implementation at the national level of counter-terrorism mechanism. The Decision will establish a mechanism for peer evaluation of the national arrangements in counter-terrorism efforts within the framework of international cooperation.