Spaans voorzitterschap wil Europese regelgeving zo snel mogelijk aanpassen op basis van het Verdrag van Lissabon (en)

Met dank overgenomen van Spaans voorzitterschap Europese Unie 1e helft 2010 i, gepubliceerd op donderdag 21 januari 2010.

The Spanish minister of Justice, Francisco Caamaño. EFE

The ministers of justice will examine issues relating to the family such as the separation and divorce system, and inheritance and wills.

This Spanish Presidency of the EU is an exciting challenge at a time of change, as well as in relation to the European Area of Freedom, Security and Justice, perhaps in this area particularly.

The JHA Council in Toledo, within the scope of the Justice area, must tackle this specific process of transformation at its core, because we believe that the first presidency under the Treaty of Lisbon must seek to consolidate this new aspect of the EU as soon as possible, based on strengthening the institutions and on placing greater emphasis on the citizens of Europe. In this context, we are going to raise three fundamental issues at the JHA Council:

One which specifically deals with the effects of the Treaty of Lisbon on the functioning and relations between the Council, the Parliament and the Commission, and therefore on the institutional functioning of the EU.

A highly important issue, because it must enable us to analyse and examine how the new European regulations are going to be created, consider what to do with those that have already been approved but not adapted to the Treaty of Lisbon, and how to restructure everything that, up to this point, was known as the legacy of the "third pillar".

The second point we are going to deal with relates to the family and Europe.

There are more and more situations in the EU connected to the family from very different points of view. We are going to examine two that are directly related to the everyday needs of European citizens.

The first has to do with the separation and divorce system, something that affects mixed marriages between people from different countries who are faced with different legislation when they initiate separation or divorce proceedings.

We want to make an effort because there are common areas and regulations which allow us to decide which procedure to apply to such important matters, such as the scheme for cross-border visitation of children, etc.

The second matter within this issue of the family is that of inheritance and wills. Once again, one of the consequences of citizens' mobility and the freedom of movement throughout the European community is that many people die in places other than the place they come from or even where they live. In this case, which law should we follow for inheritance and in order to establish the heirs, the assets, where taxes must be paid and what laws are applicable.

Lastly, we will deal with an issue that is a core element of the Spanish Presidency, and has to do with the status of victims of crime in general, with the aim of making the assistance and protection of victims a fundamental part of judicial cooperation between Member States.

The legacy I would like to create

Most of all, I would like to show everyone that under the Spanish Presidency there is a genuine commitment to the new Europe arising from the Treaty of Lisbon. That we are ready to make this area of security and freedom a reality for all and make it effective, and in particular, to develop some of the mandates that are in the founding text of the Union that is the Treaty of Lisbon, without delay.

Firstly, Europe joining the Convention of Rome on Human Rights, strengthening public freedom. More Europe in a global world is a better position to have in that world, but it is also a position that we as Europeans have built over time and we must continue to build the values of tolerance, democracy and respect and recognition of the rights and freedoms inherent in human beings.

Secondly, to work and lay the foundations for another institution in the Treaty of Lisbon, and which in our opinion is essential for the future of the Union; the European Public Prosecutor's Office. The opportunity to have an institution that supports us all in policies against organised crime and offers an area of greater security for all of us.

The next aspect is the concern for placing victims at the heart of the debate on the European legal system and on European regulations. We have taken a fundamental initiative which is the European Arrest Warrant (EAW). This is a unique initiative, there is nothing like it in the EU, and we hope to progress the EAW, which fortunately already has the backing of 12 Member States.

Under this European protection order, any person who has been the victim of a crime and has been offered specific protection measures, for example to protect a woman from her partner's threats in a case of gender-based violence, could travel wherever she wishes in other areas of Europe and ask the legal authorities in that country to provide similar protection.

Above all, we would like it said that Lisbon became consolidated under the Spanish Presidency, and that our Belgian and Hungarian friends can continue to develop all these commitments which, it is only fair to acknowledge, were defined under the Swedish Presidency with the Stockholm Programme, which has a five-year timeframe. We will carry out the action plan under the Spanish Presidency. It goes to the very core of the interests of European citizens from the point of view of their entitlements, rights and liberties.