system of checks and balances

checks and balances | system of checks and balances

12. Sees the surveillance programmes as yet another step towards the establishment of a fully-fledged preventive state, changing the established paradigm of criminal law in democratic societies whereby any interference with suspects' fundamental rights has to be authorised by a judge or prosecutor on the basis of a reasonable suspicion and must be regulated by law, promoting instead a mix of law enforcement and intelligence activities with blurred and weakened legal safeguards, often not in line with democratic checks and balances and fundamental rights, especially the presumption of innocence; recalls in this regard the decision of the German Federal Constitutional Court on ...[+++]the prohibition of the use of preventive dragnets (‘präventive Rasterfahndung’) unless there is proof of a concrete danger to other high-ranking legally protected rights, whereby a general threat situation or international tensions do not suffice to justify such measures;

K. whereas the emergency-style management by Commissioners and their lack of success in overcoming the problems, aggravated by the absence of institutional checks and balances, has paved the way to new opportunities for organised crime; whereas there is clear evidence of long-lasting implication of organised criminal groups, namely Camorra, in the lucrative waste management process, including the dumping of toxic waste from industries in the North of Italy in hundreds of illegal landfills or even the sea; whereas it is inconceivable that any authorities, were not aware of an activity of such a scale,

K. whereas the emergency-style management by Commissioners and their lack of success in overcoming the problems, aggravated by the absence of institutional checks and balances, has paved the way to new opportunities for organised crime; whereas there is clear evidence of long-lasting implication of organised criminal groups, namely Camorra, in the lucrative waste management process, including the dumping of toxic waste from industries in the North of Italy in hundreds of illegal landfills or even the sea; whereas it is inconceivable that any authorities, were not aware of an activity of such a scale,

K. whereas the emergency-style management by Commissioners and their lack of success in overcoming the problems, aggravated by the absence of institutional checks and balances, has paved the way to new opportunities for organised crime,