Traduction de «Les poursuites - principes fondamentaux » (Français → Anglais) :

3. In pursuing those objectives, the association shall respect the fundamental principles of liberty, democracy, human rights and fundamental freedoms, the rule of law, good governance and sustainable development, all of which are common to the OCTs and the Member States to which they are linked.

Therefore, the proposal complies with fundamental rights, in particular Article 38 of the Charter of Fundamental Rights of the European Union.The proposal also complies with the fundamental principles of the EC Treaty, such as the principles of the free movement of goods and the freedom to provide services which will not be restricted by stricter national rules in the field harmonised by the Directive, except for the necessary and proportionate measures which Member States may take on grounds of public policy, public security, public ...[+++]health or the protection of the environment, in accordance with Community law.

In coherence with the Treaty establishing the European Community, and in particular Article 285(2) thereof, with the Council regulation (EC) No 322/97 of 17 February 1997 on Community Statistics, and with the Fundamental Principles of Official Statistics adopted by the United Nations Statistical Commission on 14 April 1994, the present Code of Practice has the dual purpose of:

[77] 7 Grounds for refusal: (a) where enforcement would run counter to the fundamental principles of the legal system of the requested State; (b) where the requested State considers the offence for which the sentence was passed to be of a political nature or a purely military one; (c) where the requested State considers that there are substantial grounds for believing that the sentence was brought about or aggravated by considerations of race, religion, nationality or political opinion; (d) where enforcement would be contrary to the international undertakings of the requested State; (e) where the act is already the subject of proceed ...[+++]ings in the requested State or where the requested State decides to institute proceedings in respect of the act; (f) where the competent authorities in the requested State have decided not to take proceedings or to drop proceedings already begun, in respect of the same act; (g) where the act was committed outside the territory of the requesting State; (h) where the requested State is unable to enforce the sentence; (i) where the request is grounded on Article 5.e ("if it considers that it cannot itself enforce the sanction, even by having recourse to extradition, and that the other State can") and none of the other conditions mentioned in that article is fulfilled; (j) where the requested State considers that the requesting State is itself able to enforce the sentence; (k) where the age of the sentenced person at the time of the offence was such that he could not have been prosecuted in the requested State; (l) where under the law of the requested State the sentence imposed can no longer be enforced because of the lapse of time; (m) where and to the extent that the sentence imposes a disqualification.

[77] 7 Grounds for refusal: (a) where enforcement would run counter to the fundamental principles of the legal system of the requested State; (b) where the requested State considers the offence for which the sentence was passed to be of a political nature or a purely military one; (c) where the requested State considers that there are substantial grounds for believing that the sentence was brought about or aggravated by considerations of race, religion, nationality or political opinion; (d) where enforcement would be contrary to the international undertakings of the requested State; (e) where the act is already the subject of proceed ...[+++]ings in the requested State or where the requested State decides to institute proceedings in respect of the act; (f) where the competent authorities in the requested State have decided not to take proceedings or to drop proceedings already begun, in respect of the same act; (g) where the act was committed outside the territory of the requesting State; (h) where the requested State is unable to enforce the sentence; (i) where the request is grounded on Article 5.e ("if it considers that it cannot itself enforce the sanction, even by having recourse to extradition, and that the other State can") and none of the other conditions mentioned in that article is fulfilled; (j) where the requested State considers that the requesting State is itself able to enforce the sentence; (k) where the age of the sentenced person at the time of the offence was such that he could not have been prosecuted in the requested State; (l) where under the law of the requested State the sentence imposed can no longer be enforced because of the lapse of time; (m) where and to the extent that the sentence imposes a disqualification.

All in all, this assessment and the lessons which can be drawn from the implementation of the European Research Area project provide an opportunity, at the half-way point before the activities are reconsidered in their entirety, to reinvigorate the initiative. This calls for a renewal of the spirit in which it was launched and the basic principles underlying it.