Jan 16, 6:23 AM EST
European Nations Urged to Harmonize Laws
By ROBERT WIELAARD
Associated Press Writer
VIENNA, Austria (AP) -- In Cyprus, a child of 7 can be charged with a crime. In France, it's age 10. Poland allows police to be present when suspects speak to their lawyers. Other European countries would consider that a violation of their rights.
The European Commission is pushing EU countries to create order in their smorgasbord of legal practices, particularly as governments step up cooperation in the fight against terrorism.
European justice ministers pledged to tackle the issue after meeting over the weekend to discuss an EU-commissioned study revealing major differences on how police and courts dealt with suspects facing terror and criminal charges.
But harmonizing law enforcement rules - whose origins date back centuries and have developed differently in European nations - has met resistance in many capitals where officials consider crime fighting a national concern.
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The study, conducted by the University of Maastricht in the Netherlands, revealed no violations of the European Human Rights Convention, which all 25 EU states have signed.
But it said such different legal practices mean a courts in one nation could dismiss criminal evidence collected by police in another country.
The report urged European governments to keep their promise on enacting compatible criminal law procedures under a 2004 program to step up anti-terrorism cooperation across the EU.
Seven nations - Belgium, the Netherlands, Luxembourg, Austria, France, Germany and Spain - took a key step in May, agreeing to share DNA and fingerprinting evidence and allow enforcement officials to pursue criminals across borders without notification.
But "several countries seriously question the legal basis" of giving the EU a role in criminal law, said a Dutch diplomat who asked not to be named because of the sensitive nature of the issue.
Half a dozen nations, including Germany, have yet to ratify a decision to let Europol - the EU police cooperation agency - assist in joint criminal investigations.
"EU governments think criminal sanctions should be a national matter only," said Hugo Brady, a research fellow at the London-based Centre for European Reform.
Quick changes aren't expected at a time when public support for the EU is feeble, as evidenced by the defeat of the proposed EU constitution in last year's Dutch and French referendums.
But given the terrorist threats facing Europe, "they recognize deeper EU cooperation remains essential," Brady said in a recent report.
The European Commission is pushing ahead with a proposal for minimum rules covering the right to legal aid, translation of documents, consular help and special help for "vulnerable suspects," including women, children, illiterate people and drug and alcohol addicts.
It also wants EU nations to adopt a "letter of rights" that would inform criminal suspects of their legal rights in any court proceedings. All EU countries grant criminal suspects the right to see a lawyer, but the timing varies widely.
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