Slovenian National Assembly

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on combating fraud and counterfeiting of non-cash means of payment and replacing Council Framework Decision 2001/413/JHA

Scrutiny details

Subsidiarity deadline: 21/11/2017
 
Scrutiny Information

Scrutiny date: 24/11/2017

Subsidiarity Concern:

No Important information to exchange

No Veto

Information on parliamentary scrutiny

The Committee on Justice discussed the proposal at its 45th meeting of 21 November 2017.

The Committee on EU Affairs of the National Assembly of the Republic of Slovenia discussed the proposal again at it’s 150th meeting of 24 November 2017 and adopted the following Position:

The Republic of Slovenia welcomes the Proposal for a Directive of the European Parliament and of the Council on combating fraud and counterfeiting of non-cash means of payment and replacing Council Framework Decision 2001/413/JHA. The Proposal is an update of the Council Framework Decision 2001/413/JHA which is the current legal framework in EU law but which, in line with the European Security Agenda, no longer reflects real situations and does not adequately address the new challenges and technological developments, such as virtual currency and mobile payments.

Given the impact assessment in the area of non-cash payments fraud, the existing legal framework is insufficient since it does not allow for an effective investigation and prosecution of certain offences. It also appears that investigation and prosecution are often hindered by operational barriers and that offenders exploit the gaps in fraud prevention. To address these problems, the proposal presents three specific objectives: a clear, solid and technologically neutral legal framework, elimination of operational obstacles to investigation and prosecution, and improvement of prevention. The revision of the current rules will improve cooperation between police and judicial authorities and between the bodies for the prevention, detection and investigation of criminal offences and law enforcement bodies and private entities.

The Republic of Slovenia welcomes the Proposal for a Directive while striving to limit the Directive to serious crimes or reduce the minimum levels of maximum penalties (the minimum maximum).

The Proposal defines jurisdiction in very broad terms. In the negotiations, the Republic of Slovenia will strive to limit and clarify the rules on defining jurisdiction.

The Republic of Slovenia will strive for a technologically neutral text of the directive, whereby it will also proceed from the principle of legality in criminal law (Article 28 of the Constitution of the Republic of Slovenia) and strive for sufficient clarity and precision of the proposed norms.


Contact points for EU matters

IPEX Correspondents:
Phone: 00 386 4789920  Email Mrs. Aleksandra-Saša Lavrič Phone: 00 386 4789822  Email Ms. Polona Klemenčič
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