Council of Ministers

Government makes cross-border gathering of evidence at EU level more flexible

2017.11.24

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Moncloa Palace, Madrid

The Council of Ministers submitted to Parliament a draft law amending the legislation on the mutual recognition of criminal rulings in the European Union, with the aim of regulating the European Evidence Warrant (EEW). The Minister for Justice, Rafael Catalá, framed this initiative within the search for instruments that make cooperation mechanisms between judges and prosecutors of different countries more effective in a European Union "based on trust" between Member States.

Rafael Catalá explained that the current situation in this area is very diverse and that the European Directive that is transposed through this draft law seeks to homogenise this. The aim is for judges and prosecutors from any Member State to apply for evidence to be gathered in another Member State, such as search warrants, recordings, access to data bases and information gathering, through a simplified system in which documentary materials are transferred electronically.

Furthermore, while at present each judge has to interact with the judge at the place where the evidence is to be gathered, the draft law establishes that it will be the Public Prosecution Service that receives all the European Evidence Warrants and passes them on to the corresponding judge and prosecutor.

"In this way, we will be helping to create a stronger and better coordinated Europe and ensure that the cross-border gathering of evidence is not hindered by bureaucracy", declared Rafael Catalá. The Minister for Justice expressed his confidence in the draft law, which the Council of Ministers has asked to be pushed through via the fast-track procedure, being approved in the next few months.

Recognition of José Manuel Maza

Pool Moncloa/ JM CuadradoThe government has posthumously awarded José Manuel Maza Martín, who died last Saturday in Buenos Aires (Argentina) with the Grand Cross of the Order of San Raimundo de Penafort.

The Minister for Justice pointed out that this is an "additional recognition" on top of that which José Manuel Maza was awarded this week and recalled his 40 years of service to justice and to the law, the last of which as Chief Public Prosecutor, a post in which he showed "extraordinary ability" in a "difficult" period for Spanish democracy.

Proposal for new Chief Public Prosecutor

Rafael Catalá remarked that, given the importance of the day-to-day activity of the Public Prosecutor's Office throughout the country, the Council of Ministers is pushing through the appointment of a new Chief Public Prosecutor "in order for the post to be filled as soon as possible".

The government has chosen Julián Sánchez Melgar as its candidate to fill this post. This proposal will now be submitted to the General Council of the Judiciary so that, at its plenary session on Thursday, it can issue a report in which it substantiates that he meets the legal requirements. The Council of Ministers, at its meeting next Friday, will submit this to the Lower House of Parliament, and its candidate will have to appear before the Justice Committee to present his project to head up the Public Prosecution Service. Rafael Catalá pointed out that if the process takes place with all normality, the Council of Ministers will be able to confirm the appointment of Julián Sánchez Melgar on Thursday, 7 December.

The Minister for Justice underlined "the personal and professional capabilities" of the candidate, who joined the Judiciary in 1993, holding jurisdictional and government posts and who has been a Supreme Court judge since the year 2000. Rafael Catalá believes that he will receive the unanimous support of the entire field of justice for his competence and long professional career.

Basic payment account

Pool Moncloa/ JM CuadradoThe Council of Ministers approved the Royal Decree-law on Basic Payment Accounts, the transfer of accounts and comparison of fees, which transposes into Spanish legislation an EU Directive that obliges credit institutions to offer consumers universal access to a basic payment account. The Minister for Education, Culture and Sport and Government Spokesperson, Íñigo Méndez de Vigo, highlighted that any citizen can open one of these accounts.

The basic payment account is a new banking product that will be denominated in euros and will facilitate users with access to a series of services such as direct debiting, card use, withdrawals in cash from a bank or a cash machine and wire transfers.

These accounts will be subject to a maximum commission set by the Ministry of Economic Affairs, Industry and Competition. The new legislation establishes that payment service providers must provide clients or potential clients with an informative document with the commissions they must pay.

Credit institutions may refuse access to this type of account in certain very specific circumstances. For example, if the potential client does not provide the information required according to the level of the risk of money laundering or the financing of terrorism, or if, by opening an account, this would go against the interests of national security or public order.

Non-financial and diversity information

The government approved a Royal Decree-law that transposes an EU Directive on non-financial reporting. The new legislation obliges large corporations and business groups to increase this type of reporting in the management report that accompanies their annual accounts.

They will have to report, among other things, on social issues (gender equality, respect for human rights, etc.), the environment and the fight against corruption.

Íñigo Méndez de Vigo remarked that the new legislation affects large corporations, in other words, "companies with at least 500 workers" and fosters transparency so that shareholders are aware of the policies of their companies.

Gender-based violence

The government approved an institutional statement against gender-based violence on the occasion of the International Day for the Elimination of Violence against Women to be commemorated on Saturday, 25 November.

Íñigo Méndez de Vigo claimed that "preserving and protecting the dignity of people, respect for their physical integrity and the eradication of violence against women are priority and unwavering objectives" of the government, as the President of the Government, Mariano Rajoy, stated in his investiture speech.

The Government Spokesperson also underlined that the award ceremony held on Friday, 24 November at Moncloa Palace, "is an example of the need to raise awareness to bring an end to this scourge".

Smart buildings

The Council of Ministers authorised a new line of aid to implement at least six pilot projects for smart buildings within the National Smart Territory Plan, to which Red.es will contribute a maximum of 19.5 million euros. The initiative will be co-financed by the European Regional Development Fund (ERDF) and the beneficiary local councils.

Application of Article 155 in Catalonia

Pool Moncloa/ JM CuadradoIn relation to the agreements adopted under the agreement reached at the plenary session of the Upper House on 27 October 2017, approving the measures requested by the government within the scope of Article 155 of the Constitution, the Council of Ministers authorised the City Council of Barcelona to contract a transport service through public bicycles hire.

At a press briefing held in Barcelona, the Government Delegate in Catalonia, Enric Millo, also reported on the approval of two files to amends the credits available in the 2017 Budget of the Regional Government of Catalonia to provide for actions of the National Health Institute and the Department of Work, Social Affairs and Families.

Weekly assessment

In his weekly summary of current affairs, Íñigo Méndez de Vigo highlighted that the European Commission approved the draft Budget plan on Wednesday, 22 November presented by the government for the year 2018. In this regard, he pointed out that the European institution estimates that Spain will meet the requirements established in the Stability and Growth Pact and that it may leave the Excessive Deficit Procedure in the year 2018.

The minister also recalled that the European Commissioner for Economic and Financial Affairs, Pierre Moscovici, highlighted that the European Commission will not ask Spain for any further adjustments, although he remarked that the political situation in Catalonia creates uncertainty regarding future growth figures.

The figures for Catalonia, remarked Íñigo Méndez de Vigo, contrast with the "very positive" figures of the Spanish economy, which has estimated growth of 3%. "We believe that 21 December should close the door on instability and insecurity and open the door to Catalonia joining the rest of Spain in posting positive figures", concluded the minister.

Current affairs

Pool Moncloa/ JM CuadradoWhen asked about the intention of Carles Puigdemont to hold a debate in Brussels with President of the Government Rajoy on the situation in Catalonia, Íñigo Méndez de Vigo responded that the candidate for the elections to the Regional Parliament of Catalonia on 21 December should hold a debate with his counterpart, the candidate Xavier Garcia Albiol, and not try and avoid this, "which is what he is doing".

The Government Spokesperson disassociated the approval in the Lower House of Parliament of the cupo vasco [special tax agreement] for 2017-2021 from the support from the parliamentary group of the Basque Nationalist Party for the proposals by the People's Group to reform the model of regional financing. "These are two completely different things". Establishing a parallel between the two issues "is a mistake", he stressed.

Rafael Catalá, in response to journalists, considered it "convenient" and "reasonable" to combine the cases caused by the unilateral declaration of independence of Catalonia on 1 October in a single proceeding before the Supreme Court. "This makes every sense"; it is "what is established by law" and this "strengthens legal unity" and "the unity of action", he argued.

Non official translation