Seanad debates

Thursday, 11 December 2003

Address by Mr. Brian Crowley, MEP.

 

I hold that view for a number of reasons, although primarily for two main reasons. Within the Irish judicial system we have established rights, through judge-made law as well as through constitutional rights, on the protection of individuals, protection from harassment, false imprisonment and wrongful arrest and on other such areas. We also have a clear prosecutorial system whereby the prosecution service is independent of the State and even independent of the arresting authority or the determining authority, the Judiciary. If there was a single harmonised system across the European Union, it would undermine the rights which exist here for individuals who are arrested or brought before the courts. It would also undermine the independence of the prosecution service because it may be forced to take a prosecution on foot of a request from another member state or another institution. It would also undermine the independence of the Judiciary not only to take account of the facts in the case, but also to mitigate the sentence imposed.

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