Traduction de «To lead a witness » (Anglais → Français) :

Articles 25 to 30 of the Statute relate to the taking of evidence by witnesses and expert opinions, and should apply to the Community Patent Court: Article 25 (court's choice of expert), Article 26 (hearing of witnesses), Article 27 (powers with respect to defaulting witnesses), Article 28 (oath of witnesses and experts), Article 29 (hearing of witness or expert by judicial authority of residence), Article 30 (violation of oath).

39. Welcomes the progress in the reform of the judiciary but calls for more efforts to ensure the professionalism of judges and prosecutors, as well as their independence from any political interference, and to tackle corruption in their ranks; welcomes, to this end, the active role of the Constitutional Court in ensuring the constitutionality of the parliamentary processes and in providing clarity on the issue of functional immunity; notes that, despite progress in some areas, the judicial system in Kosovo remains weak and that a significant backlog of cases persists; stresses, in this regard, the need to pursue reforms; underlines ...[+++]that for the justice system to function properly it is of utmost importance that fully functional and effective programmes for witness protection and witness relocation are in place, and calls for immediate steps to implement the witness protection law and to establish witness protection units within the police and the judiciary; calls, moreover, on the EU Member States, and on other countries participating in EULEX, to commit themselves to participate in witness relocation programmes; regrets the fact that the court in Mitrovicë/Mitrovica still does not function at full capacity, and calls on the Kosovar and Serbian authorities to resolve the issue in order to improve access to justice for citizens in the north;

12. Stresses the importance of providing appropriate protection for primary and secondary victims of organised crime, court witnesses, informers, whistleblowers and their families; in this regard welcomes the Commission's proposal for a directive establishing minimum standards for the rights, support and protection of victims of crime but calls for EU legislation covering also court witnesses, informers, whistleblowers and their families; calls for all types of victim to be treated equally (in particular the victims of organised crime and of terrorism and those injured in the course of their duties) and for the protection of court witn ...[+++]esses, informers, whistleblowers and their families to be extended over and beyond the duration of the court proceedings; stresses that minors need special attention, treatment, protection, assistance and guidance when they are victims of organised crime; calls on the Commission to set out clear guidelines for assisting court witnesses, informers, whistleblowers and their families, according them European transnational legal status and extending any protection granted to them within the Member States, if so requested by the Member State of origin of the informers, witnesses or whistleblowers; proposes establishing a European fund to protect and assist victims of organised crime and court witnesses, including via support for nongovernmental anti-mafia and anti-racketeering associations recognised by Member States; welcomes the adoption by some Member States of legislative provisions designed to improve the protection of witness and informers in cases related to organised crime (e.g. by allowing the use of remote court hearings);

12. Stresses the importance of providing appropriate protection for primary and secondary victims of organised crime, court witnesses, informers, whistleblowers and their families; in this regard welcomes the Commission's proposal for a directive establishing minimum standards for the rights, support and protection of victims of crime but calls for EU legislation covering also court witnesses, informers, whistleblowers and their families; calls for all types of victim to be treated equally (in particular the victims of organised crime and of terrorism and those injured in the course of their duties) and for the protection of court witn ...[+++]esses, informers, whistleblowers and their families to be extended over and beyond the duration of the court proceedings; stresses that minors need special attention, treatment, protection, assistance and guidance when they are victims of organised crime; calls on the Commission to set out clear guidelines for assisting court witnesses, informers, whistleblowers and their families, according them European transnational legal status and extending any protection granted to them within the Member States, if so requested by the Member State of origin of the informers, witnesses or whistleblowers; proposes establishing a European fund to protect and assist victims of organised crime and court witnesses, including via support for nongovernmental anti-mafia and anti-racketeering associations recognised by Member States; welcomes the adoption by some Member States of legislative provisions designed to improve the protection of witness and informers in cases related to organised crime (e.g. by allowing the use of remote court hearings);

13. Stresses the importance of providing appropriate protection for primary and secondary victims of organised crime, court witnesses, informers, whistleblowers and their families; in this regard welcomes the Commission’s proposal for a directive establishing minimum standards for the rights, support and protection of victims of crime but calls for EU legislation covering also court witnesses, informers, whistleblowers and their families; calls for all types of victim to be treated equally (in particular the victims of organised crime and of terrorism and those injured in the course of their duties) and for the protection of court witn ...[+++]esses, informers, whistleblowers and their families to be extended over and beyond the duration of the court proceedings; stresses that minors need special attention, treatment, protection, assistance and guidance when they are victims of organised crime; calls on the Commission to set out clear guidelines for assisting court witnesses, informers, whistleblowers and their families, according them European transnational legal status and extending any protection granted to them within the Member States, if so requested by the Member State of origin of the informers, witnesses or whistleblowers; proposes establishing a European fund to protect and assist victims of organised crime and court witnesses, including via support for nongovernmental anti-mafia and anti-racketeering associations recognised by Member States; welcomes the adoption by some Member States of legislative provisions designed to improve the protection of witness and informers in cases related to organised crime (e.g. by allowing the use of remote court hearings);

1. If one of the parties objects to a witness or an expert on the ground that he is not a competent or proper person to act as a witness or expert or for any other reason, or if a witness or expert refuses to give evidence or to take the oath, the matter shall be resolved by the Court.