The EU Commission has asked Italy to change some parts of the legislation already 'effect on safety. These include the provision that introduces the aggravating circumstance of illegal immigrants 'for immigrants who commit a crime, that is not' compatible with Community law
Brussels, September 17 (AP) - The European Commission has asked the Italian government to amend the decree that, last July, which amended Article .61 of the Penal Code, by adding the illegal residence among the aggravating circumstances in the case of crime, without any distinction and among non-nationals of other EU countries. He stated, in Brussels today, the spokesman for European Commissioner for Justice, Freedom and Security Jacques Barrot. According to the spokesman, Michele Cercone, Italy will have to "align" this legislation with Community law, which does not allow for differences in treatment between EU citizens, by any Member State originates.
In essence, Barrot dispute the fact that in Italy a national of another Member State which commits an offense if in a situation of illegally resident, can not enjoy the extenuating circumstances available to Italian citizens, and that his offense is deemed punishable of a more serious penalty.
The decree charged, published in the Official Gazette on July 25 last year, entered into force on the day. Yesterday, the Legal Service of the European Parliament issued an opinion in which the considers incompatible with EU law, and the Liberal MEP Adina Valean Romania has asked to intervene immediately to Barrot, Italy to the European Court of Justice. Barrot had previously expressed the same, and repeated yesterday, his doubts as to whether to consider the illegal residence of foreigners as an aggravating circumstance for those who commit a crime.
"There are at present - Cercone said in reply to a reporter during the press conference of the European Commission today - a series of ongoing discussions with the Italian government on all orders that were submitted on August 1. There are three decrees have not yet entered into force and for which we are in contact with the authorities Italian and we have clearly indicated what we believe the changes to be introduced to ensure that these decrees are in line with Community law ".
to a further question asking for a more specific answer on the decree in question, pointing out which is already in force, the spokesman replied: "Barrot wants and considers it its duty to ensure that the laws of the Member States are implementing European directives, and want to have a clear law, consolidation, compatible with Community law. In the specific case - has finally clarified Cercone - ask and it is clear that we have asked the Italian government to introduce the necessary changes, and we will do everything in our power and our skills to be dark Italian laws remain in line with EU law ".
addition to the three orders not yet in application, the spokesman said," there are also changes that we asked for a piece of legislation that is already in place, and that there has been notified, but on which we went into action and we have reviewed. And it also takes care of this part of the legislation to bring it into line with Community law. We have already made it clear to chiarmente govermo Italian - said Cercone - that there are any changes to these approtare legislation is actually in line with Community law. "
sources said the Commission's ongoing contacts between Brussels and the Italian authorities predict that the government will soon amend the decree in the manner requested by Barrot. It is unclear whether the aggravating circumstance of the offense, at this point, would be eliminated altogether or whether, as seems more likely, would be "pardoned" the only EU citizens (according to the specific request of Brussels). In this case, the discrimination of moving to another level, no longer a core competence of the EU Court of Justice and the European Commission.
0 comments:
Post a Comment