In future, there is going to be EU-wide networking of the criminal records of EU Member States. Today agreement was reached by EU Ministers of Justice at their meeting in Luxembourg on a Framework Decision to regulate the exchange of information extracted from criminal records.
As Council President, Federal Minister of Justice Brigitte Zypries said that “For the first time, we now have EU-wide uniform rules on so-called exchange of information extracted from criminal records. Provision in criminal proceedings as well as in other proceedings before public authorities of information taken from national criminal records for other states is being improved and expedited through new rules assuming a specific form“.
The aim of this Framework Decision is to improve the exchange of information between national criminal records. There will be no new centralised European criminal records register set up for this purpose in future, the national criminal records will serve as the central authority for the EU-wide exchange of information (in Germany: the Federal Central Criminal Register at the Federal Office of Justice in Bonn).
The Framework Decision obliges Member States to inform the home states of criminal convictions of nationals of other EU Member States as soon as possible. The home state’s national record is required to hold the information it receives through this channel as the EU central authority. Up to now, the provision in the Council of Europe Convention on Mutual Assistance in Criminal Matters of 1959 stated that such information was to be communicated only once a year, and there was no duty to store the information. This new system ensures that the national criminal record of a person’s home state will have up-to-date and full information in this respect.
Furthermore, the Framework Decision lays down that the national judicial authorities can obtain information from the criminal records of other EU Member States within a period of 10 working days.
With this Framework Decision the first step is being taken in the direction of electronic exchange between national criminal records. Hence the Framework Decision sets out a format for exchanging data, which is to be executed in electronic form in a second step. The aim is to substitute an electronic exchange of data for the exchange of information on paper – as is already happening within the framework of the pilot scheme for a network of judicial registers. The project partners operating this pilot scheme are currently Germany, France, Belgium, Spain, Luxembourg and the Czech Republic. Other EU Member States have already expressed an interest in participating.
Moreover, Belgium has agreed to make its initiative of 4 November 2004 part of this Framework Decision. At the time and in response to the case of Fourniret, Belgium was striving for better protection of children against convicted sexual offenders and, to this end, Belgium wanted a framework decision on the recognition and enforcement in the European Union of prohibitions arising from convictions for sexual offences committed against children. The criminal record register now takes up this objective. Where applications are made for a certificate of good conduct, it is ensured that full information can be made available EU-wide.
Example:
The German national A is convicted in France of a sexual criminal offence and sentenced to three years’ imprisonment. The Framework Decision will ensure that this conviction and sentence is communicated to the German Federal Central Criminal Register and that it is centrally available there for all judicial authorities in the EU. If A then applies for a certificate of good conduct for taking up some profession or occupation, it is ensured that this information can be made available throughout the EU.
The Framework Decision still has to be formally adopted by the EU Member States before it enters into force.
