Study for elements of the impact assessment on the Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties

Aug 27, 2011 - Aug 31, 2011

Project description

The impact assessment will be done in view of the preparation of an initiative on mutual recognition of financial penalties, including those related to road traffic offences. In order to prepare such an initiative the Commission has to make important political and technical decisions that must be endorsed by a thorough evaluation of the impacts of the decisions made. The main aim of the study is first to provide data and its analysis for the problem definition and for the impacts of the options and second to analyse the impacts of the policy options.

This analysis should be based:
1) on the data gathered so far by the Commission, namely on statistics from the MS on the functioning of the FD and on data from the field of road safety,
2) on additional data gathering and interviews with leading practitioners and other stakeholders that should lead to the assessment of impact of the indicated options.
The list of stakeholders to be consulted (at least 50 persons, including at least one person per Member State; some experts will be suggested by COM) should include at least the following:
- national authorities competent to issue and execute the financial decision;
- judges, prosecutors, defence lawyers;
- academics in the field of criminal and European law;
- Eurojust,
- EJN;
- stakeholders' organisations, including associations in the field of road safety.

The study must be in full compliance with Commission guidance on impact assessment and in particular contain, for policy option analysis:
i. a description of each option (vide Annex) and how it would be implemented (the contractor is welcome to come up with any additional policy options)
ii. for each option, an assessment of the expected positive and negative impacts in terms of economic and social consequences, including impact on public administration costs, on citizens concerned, on legal practitioners including, where relevant other stakeholders
iii. indication of quantified impacts as far as possible
iv. an assessment on the impact on fundamental rights should also be considered
v. identification of evaluation criteria for the implementation of each option.

Topic

GENERAL OBJECTIVES:
-To improve cooperation in criminal matters in the EU by enhancing the principle of mutual recognition of decisions
SPECIFIC
1. To ensure that the principle of mutual recognition fully applies to the financial penalties imposed in the cross-border dimension.
2. To ensure effective enforcement of financial penalties imposed on non-residents.
OPERATIONAL:
1. To propose common and effective rules for the cross-border recognition of decisions imposing a financial penalty to be paid;
2. To ensure the payment of compensation imposed in decisions for the benefit of victims of crime;
3. To eliminate practical obstacles and intermediary measures to mutual recognition of financial penalties in view of genuine enforcement.

Objective

Scope
• provide comments on the analytical and methodological aspects of the draft interim report and the draft final report;
• provide advice on the legal analysis and the definition of the policy options, throughout the project