REPORT on the proposal for a decision of the European Parliament and of the Council amending Council Decision 2001/470/EC establishing a European Judicial Network in civil and commercial matters
26.11.2008 - (COM(2008)0380 – C6‑0248/2008 – 2008/0122(COD)) - ***I
Committee on Civil Liberties, Justice and Home Affairs
Rapporteur: Ona Juknevičienė
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a decision of the European Parliament and of the Council amending Council Decision 2001/470/EC establishing a European Judicial Network in civil and commercial matters
(COM(2008)0380 – C6‑0248/2008 – 2008/0122(COD))
(Codecision procedure: first reading)
The European Parliament,
– having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0380),
– having regard to Article 251(2) and Articles 61(c) and 67(5), second indent of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6‑0248/2008),
– having regard to Articles 61(d) and 66 of the EC Treaty,
– having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,
– having regard to Rules 51 and 35 of its Rules of Procedure,
– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Legal Affairs (A6‑0457/2008),
1. Approves the Commission proposal as amended;
2. Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;
3. Instructs its President to forward its position to the Council and the Commission.
AMENDMENTS BY PARLIAMENT[1]*
to the Commission proposal for a
Decision of the European Parliament and of the Council amending Council Decision 2001/470/EC establishing a European Judicial Network in civil and commercial matters
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 61(c) and (d) and 66 and the second indent of Article 67(5) thereof,
Having regard to the proposal from the Commission║,
Having regard to the opinion of the European Economic and Social Committee[2],
Acting in accordance with the procedure laid down in Article 251 of the Treaty[3],
Whereas:
(1) The European Judicial Network in civil and commercial matters between the Member States was established by Council Decision 2001/470/EC of 28 May 2001[4] because it was considered that the establishment of an area of freedom, security and justice entailed the need to improve, simplify and expedite judicial cooperation between Member States. The date of application of that Decision was 1 December 2002.
(2) The Hague Programme on strengthening freedom, security and justice in the European Union, adopted by the European Council on 4 and 5 November 2004[5], calls for additional efforts to facilitate citizens’ access to justice and judicial cooperation in civil matters. In particular, it focuses on the effective implementation of instruments on civil justice adopted by the European Parliament and the Council and the promotion of cooperation between members of the legal professions with a view to defining best practices.
(3) In accordance with Article 19 of Decision 2001/470/EC, the Commission presented on 16 May 2006 a report on the Network’s operation[6]. The report concluded that, although the Network had generally met the objectives set in 2001, it was still a long way from having ▌developed its full potential.
(4) In order to achieve the objectives of the Hague Programme as regards improving judicial cooperation and citizens’ access to justice and to take on the expected increase in the Network’s tasks in the years ahead, the Network should have a legal framework better suited to increasing its means of action ▌.
(5) It is ▌ essential to achieve better operating conditions for the Network in the Member States through national contact points and thus to reinforce the ▌role of the contact points both within the Network and in relation to judges ▌ and legal professions.
(6) To this end, the Member States should assess the resources which they need to make available to the contact points so that they can fully carry out their duties. The internal distribution of competences in the Member States concerning the financing of activities of the national members of the Network should not be affected by this Decision.
(7) To achieve this, there needs to be a ▌contact point or points in each Member State capable of performing the functions assigned to them. If there is more than one contact point, the Member State should ensure effective coordination between them.
(8) In future, where the law of another Member State is designated by a Community instrument or an international convention, the Network’s contact points should take part in informing the judicial and extra-judicial authorities in the Member States of the content of that foreign law.
(9) Contact points should process requests for judicial cooperation fast enough to be compatible with the Decision’s general objectives.
(10) For the purposes of calculating time limits as provided for in this Decision, Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits[7] should apply.
(11) The purpose of the electronic register is to provide information with a view to assessing the performance of the Network and the practical application of Community instruments. Therefore it should not include all the information exchanged between the contact points.
(12) ▌ The legal professions, in particular lawyers, notaries, bailiffs, solicitors or barristers, directly involved in the application of Community and international instruments concerning civil justice may become members of the Network through their national organisations in order to contribute, with the contact points, to some of the Network’s specific tasks and activities.
(13) To further develop the Network’s functions regarding access to justice, the contact points in the Member States should contribute towards providing the public with general information, using the most appropriate technological facilities and at least by providing, on the website of the Member States’ ministries of justice, a link to the website of the European Judicial Network and to the authorities responsible for actual application of the instruments. This Decision should not be interpreted as imposing on the Member States an obligation to allow direct access by the public to the contact points.
(14) When implementing this Decision, account should be taken of the gradual introduction of the European e‑Justice system which is intended, in particular, to facilitate judicial cooperation and citizens’ access to justice.
(15) In order to improve mutual confidence between judges in the European Union and synergies between the European networks involved, the Network should maintain ongoing relations with the other European networks which share its objectives, in particular the networks of judicial institutions and judges.
(16) To promote international judicial cooperation, the Network should develop contacts with the other judicial cooperation networks in the world and with the international organisations which promote international judicial cooperation.
(17) To allow regular monitoring of progress in achieving the objectives of this Decision, the Commission should present reports to the European Parliament and the Council on the Network’s activities.
(18) Council Decision 2001/470/EC should be amended accordingly.
(19) Since the objectives of this Decision cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Decision, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary to achieve those objectives.
(20) ║The United Kingdom and Ireland, in accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and to the Treaty establishing the European Community, have given notice of their wish to take part in the adoption and application of this Decision.║
(21) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,
HAVE ADOPTED THIS DECISION:
Article 1
Decision 2001/470/EC is amended as follows:
1) Article 2 is amended as follows:
(a) Paragraph 1 is amended as follows:
(i) in point (c), the words “cooperation in civil and commercial matters” are replaced by the words “judicial cooperation in civil and commercial matters”;
(ii) the following point (e) is added:
“(e) professional associations representing at national level in the Member States ▌ legal practitioners directly involved in the application of Community and international instruments concerning judicial cooperation in civil and commercial matters.”;
(b) In paragraph 2, the following subparagraph is added:
▌
“If the contact point designated under this paragraph is not a judge, the Member State concerned shall provide for effective liaison with the national judiciary. To facilitate this, a Member State may designate a judge to support this function. This judge shall be a ▌ member of the Network.”;
(c) The following paragraph 2a is inserted:
“2a. Member States shall ensure that the contact point has sufficient and appropriate facilities in terms of staff, resources and modern means of communication to adequately fulfil its tasks as a contact point.”;
(d) The following paragraph 4a is inserted:
“4a. Member States shall determine the professional associations referred to in point (e) of paragraph 1. To that end, they shall obtain the agreement of the professional associations concerned on their participation in the Network.
Where there is more than one association representing a legal profession in a Member State, it shall be the responsibility of that Member State to provide for appropriate representation of that profession on the Network.”;
(e) ▌Paragraph 5 is amended as follows:
(i) The introductory part is replaced by the following:
“The Member States shall notify the Commission, in accordance with Article 20, of the names and full addresses the authorities referred to in paragraphs 1 and 2, specifying:”;
(ii) point (c) is replaced by the following:
“(c) where appropriate, their specific functions in the Network, including, where there is more than one contact point, their specific responsibilities.”;
2) Article 3 is amended as follows:
(a) In paragraph 1, point (b) is replaced by the following:
“(b) facilitating the effective access of the public to justice, ▌through measures providing information on the working of Community and international instruments concerning judicial cooperation in civil and commercial matters.”;
(b) ║Paragraph 2 is amended as follows:
(i) point (b) is replaced by the following:
“(b) the effective and practical application of Community instruments or conventions in force between two or more Member States in particular, where the law of another Member State is applicable, the courts or authorities responsible for the case can apply to the Network for information on the content of that law;”;
(ii) point (c) is replaced by the following:
“(c) the establishment, maintenance and promotion of an information system for the public on judicial cooperation in civil and commercial matters in the European Union, relevant Community and international instruments and the domestic law of the Member States, with particular reference to access to justice.
The main source of information shall be the Network’s website containing up to date information in all official languages of the institutions of the Union.”;
3) Article 5, paragraph 2 is amended as follows:
(a) the following point (-a) is inserted:
“(-a) ensure that the local judicial authorities receive general information concerning the Community and international instruments relating to judicial cooperation in civil and commercial matters. In particular, it shall ensure that the Network, including the website of the Network, is better known to the local judicial authorities;”;
(b) the following point (aa) is inserted:
“(aa) supply any information to facilitate application of the law of another Member State that is applicable ▌under a Community or international instrument. To this end, the contact point to which such a request is addressed may draw on the support of any of the other authorities in its Member State referred to in Article 2 in order to supply the information requested. The information contained in the reply shall not be binding on the contact point, the authorities consulted or the authority which made the request;”;
(c) the following point (ca) is inserted:
“(ca) contribute to generally informing the public, through the Network’s website, on judicial cooperation in civil and commercial matters in the European Union, and on relevant Community and international instruments and the domestic law of the Member states, with particular reference to access to justice;”;
(d) the following points (f) and (g) are added:
“(f) ensure coordination between members of the Network at national level;”,
“(g) draw up a two-yearly report on their activities, including best practices in the Network, where appropriate, submit it at a meeting of the members of the Network, and draw specific attention to possible improvements in the Network.”;
4) The following Article 5a is inserted:
“Article 5a
Professional associations
1. In order to contribute to the accomplishment of the tasks provided for by Article 3, the contact points shall have appropriate contacts with the professional associations mentioned in Article 2(1)(e), in accordance with rules to be determined by each Member State.
2. In particular, the contacts referred to in paragraph 1 may include the following activities:
(a) exchanges of experience and information as regards the effective and practical application of Community and international instruments;
(b) collaboration in the preparation and updating of the information sheets referred to in Article 15;
(c) participation in relevant meetings by professional associations mentioned in Article 2(1)(e).
3. Professional associations shall not request information from contact points relating to individual cases.”;
5) The following subparagraph is added to Article 6, paragraph 2:
“To this end, ▌each Member State shall ensure, in accordance with the procedures to be determined by it, that the contact point(s) and competent authorities have the means to meet on a regular basis.”;
6) In Article 7, paragraph 1, the words “an official language of the institutions of the European Community” are replaced by “an official language of the institutions of the Union”;
7) Article 8 is replaced by the following:
“Article 8
▌Processing of requests for judicial cooperation
1. The contact points shall respond to all requests submitted to them without delay and at the latest within fifteen days of receipt thereof. If a contact point cannot reply to a request within fifteen days of receipt thereof, it shall inform the requester briefly of this fact, indicating how much time it considers it will need to reply but this period shall, as a rule, not exceed thirty days.
2. In order to respond as efficiently and rapidly as possible to the requests referred to in paragraph 1, the contact points shall use the most appropriate technological facilities made available to them by the Member States.
3. The Commission shall keep a secure, limited-access electronic register of the requests for judicial cooperation and replies referred to in Article 5(2)(a), (aa), (b) and (c) ▌. The contact points shall ensure that the information necessary for the establishment and operation of this system is supplied regularly to the Commission.
4. The Commission shall supply the contact points with information on the judicial cooperation requests and replies referred to in paragraph 3 at least once every six months.”;
8) ▌Article 9 is amended as follows:
(a) Paragraph 1 is replaced by the following:
“1. The contact points of the Network shall meet at least once every six months, in accordance with Article 12.;
(b) Paragraph 2 is replaced by the following:
“2. Each Member State shall be represented at these meetings by one or more contact points, who may be accompanied by other members of the Network, but there shall be no more than six representatives per Member State.”;
(c) Paragraph 3 is deleted;
9) The following Article 11a is inserted:
“Article 11a
Participation of observers at Network meetings
1. Without prejudice to Article 1(2), Denmark may be represented at the meetings referred to in Articles 9 and 11.
2. The accession countries and candidate countries may be invited to attend these meetings as observers. Third countries that are party to international agreements on judicial cooperation in civil and commercial matters concluded by the European Community may also be invited to attend certain Network meetings as observers.
3. Each observer State may be represented at the meetings by one or more persons, but under no circumstances may there be more than three representatives per State.”;
10) The following Article 12a is inserted at the end of Title II:
“Article 12a
Relations with other networks and international organisations
1. The Network shall maintain relations and share experiences and best practices with the other European networks that share its objectives, such as the European Judicial Network in criminal matters. The Network shall also maintain such relations with the European Judicial Training Network with a view to promoting, where appropriate and without prejudice to national practices, training sessions on judicial cooperation in civil and commercial matters for the benefit of the local judicial authorities of the Member States.
2. The Network shall maintain relations with the European Consumer Centres Network (ECC Net). In particular, in order to supply any general information on the working of Community and international instruments to facilitate consumer access to justice, the contact points of the European Judicial Network in civil and commercial matters shall be at the disposal of the members of ECC Net.
3. In order to meet its responsibilities under Article 3 concerning international instruments on judicial cooperation in civil and commercial matters, the Network shall maintain contact and exchanges of experience with the other judicial cooperation networks established between third countries and with international organisations that promote international judicial cooperation.
4. The Commission, in close cooperation with the Presidency of the Council and the Member States, shall be responsible for implementing the provisions of this Article.”;
11) The heading of Title III is replaced by the following:
“TITLE III
INFORMATION AVAILABLE WITHIN THE NETWORK, AND INFORMATION PROVIDED TO THE PUBLIC” ;
12) In Article 13, paragraph 1, the following point (c) is added ║:
“(c) the information referred to in Article 8.”;
13) The following Article 13a is inserted:
“Article 13a
Provision of general information to the public ▌
The Network shall contribute towards providing the public with general information, using the most appropriate technological facilities to inform it about the content and application of Community or international instruments on judicial cooperation in civil and commercial matters ▌.
To that end, and without prejudice to the provisions of Article 18, the contact points shall promote to the public the information system referred to in Article 14.”;
14) In Article 17, paragraph 4, point (b) is replaced by the following:
“(b) arrange ▌for the translation into the official languages of the institutions of the Union of information on the relevant aspects of Community law and procedures, including Community case law, and of the information system’s general pages and the information sheets referred to in Article 15, and install them on the Network’s dedicated site.”;
15) In Article 18, paragraph 4, the word “progressively” is deleted;
16) Article 19 is replaced by the following:
“Article 19
Evaluation
No later than ...[8]*, and every three years thereafter, the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a report on the activities of the Network. This report shall be accompanied, if need be, by proposals for adaptations and shall include the Network’s activities to progress with the design, development and implementation of European e-Justice, particularly from the point of view of facilitating citizens’ access to justice.”;
17) Article 20 is replaced by the following:
“Article 20
Notification
No later than ...[9]**, the Member States shall notify the Commission of the information referred to in Article 2(5).”.
Article 2
Entry into force
This Decision shall enter into force on [ …]
It shall apply from [....], except for Articles 2 and 20, which shall apply from the date of notification of the Decision to the Member States to which it is addressed.
This Decision is addressed to the Member States in accordance with the Treaty establishing the European Community.
Done at ║
For the European Parliament For the Council
The President The President
- [1] * Political amendments: new or replacement text is marked in bold italics and deletions are indicated by the symbol ▌. Technical corrections and adaptations by the services: new or replacement text is marked in italics and deletions are indicated by the symbol ║.
- [2] (Not yet published in the Official Journal).
- [3] Position of the European Parliament of ... of ... 2008.
- [4] OJ L 174, 27.6.2001, p. 25.
- [5] OJ C 53, 3.3.2005, p. 1.
- [6] Report of 16 May 2006 from the Commission to the Council, the European Parliament and the European Economic and Social Committee on the application of Council Decision 2001/470/EC establishing a European Judicial Network in civil and commercial matters (COM(2006)0203).
- [7] OJ L 124, 8.6.1971, p. 1.
- [8] * Three years after the date of application of this Decision.
- [9] ** Six months before the date of application of this Decision.
DECLARATION ON THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES
The European Parliament and the Council invite the Commission to ask representatives of the Court of Justice, at the level and in the way which the Court deems appropriate, to attend meetings of the European Judicial Network on civil and commercial matters.
OPINION of the Committee on Legal Affairs ON THE LEGAL BASIS
18.11.2008
Mr Gérard Deprez
Chair
Committee on Civil Liberties, Justice and Home Affairs
BRUSSELS
Subject: Opinion on the legal basis of the proposal for a Decision of the European Parliament and the Council amending Council Decision 2001/470/EC establishing a European Judicial Network in civil and commercial matters (COM(2008)0380 – C6‑0248/2008 – 2008/0122(COD))
Dear Mr Deprez,
It has come to the attention of the Committee on Legal Affairs that, in the course of the final negotiations with the Council with a view to a first reading agreement on the proposed Decision of the European Parliament and the Council amending Council Decision 2001/470/EC establishing a European Judicial Network in civil and commercial matters, the Council has proposed changing the legal basis from Article 61(c) and the second indent of Article 67(5) of the EC Treaty to Article 61(c) and (d) and Article 66 and the second indent of Article 67(5).
The committee considered that, in view of the urgency, the matter should be taken up on the committee’s own initiative pursuant to Rule 35(3) of the Rules of Procedure and it was duly considered at its extraordinary meeting held at Strasbourg on 17 November 2008.
The committee noted that the provisions proposed to be added to the legal basis were as follows:
Point (d) of Article 61:
(d) appropriate measures to encourage and strengthen administrative cooperation, as provided for in Article 66;
and Article 66:
The Council, acting in accordance with the procedure referred to in Article 67, shall take measures to ensure cooperation between the relevant departments of the administrations of the Member States in the areas covered by this title, as well as between those departments and the Commission.
It appears that this addition is more in the nature of a correction in so far as the Council’s proposal reflects the precise legal basis of the original Decision 2001/470/EC which the proposal for a decision under consideration proposes to amend.
Although Article 66 is still subject to the consultation procedure, rather than codecision, the committee considered that these additions do not have any substantive effect and can therefore be approved.
Conclusion
At its meeting of 17 November 2008 the Committee on Legal Affairs accordingly decided, unanimously[1], to recommend to you that the proposal for a Decision of the European Parliament and the Council amending Council Decision 2001/470/EC establishing a European Judicial Network in civil and commercial matters should be based on Article 61(c) and (d) and Article 66 and the second indent of Article 67(5) of the EC Treaty.
Yours sincerely,
Giuseppe Gargani
- [1] The following were present for the final vote: Giuseppe Gargani (Chair), Rainer Wieland (Vice-Chair), Lidia Joanna Geringer de Oedenberg (Vice-Chair), Diana Wallis (Rapporteur), Ieke van den Burg, Carlo Casini, Bert Doorn, Monica Frassoni, Jean-Paul Gauzès, Neena Gill, Othmar Karas, Klaus-Heiner Lehne, Antonio Masip Hidalgo, Manuel Medina Ortega, Aloyzas Sakalas, József Szájer, Jacques Toubon, Jaroslav Zvěřina, Tadeusz Zwiefka.
OPINION of the Committee on Legal Affairs (4.11.2008)
for the Committee on Civil Liberties, Justice and Home Affairs
on the proposal for a decision of the European Parliament and of the Council amending Council Decision 2001/470/EC establishing a European Judicial Network in civil and commercial matters
(COM(2008)0380 – C6‑0248/2008 – 2008/0122(COD))
Rapporteur: Diana Wallis
AMENDMENTS
The Committee on Legal Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to incorporate the following amendments in its report:
Amendment 1 Proposal for a decision – amending act Recital 4 | |||||||||||||||||||||||||||||||
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Text proposed by the Commission |
Amendment | ||||||||||||||||||||||||||||||
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(4) In order to achieve the objectives of the Hague Programme as regards improving judicial cooperation and citizens’ access to justice and to take on the expected increase in the Network’s tasks in the years ahead, the Network needs to have an updated legal framework to increase the means of action available to it. |
(4) In order to achieve the objectives of the Hague Programme as regards improving judicial cooperation and to take on the expected increase in the Network’s tasks in the years ahead, the Network needs to have an updated legal framework to increase the means of action available to it. | ||||||||||||||||||||||||||||||
Amendment 2 Proposal for a decision – amending act Recital 5 | |||||||||||||||||||||||||||||||
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Text proposed by the Commission |
Amendment | ||||||||||||||||||||||||||||||
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(5) It is, firstly, essential to achieve better structuring of the Network’s operation in the Member States around a national contact point and thus to reinforce the latter’s role both within the Network and in relation to judges, law practitioners and civil society. |
(5) It is, firstly, essential to achieve better structuring of the Network’s operation in the Member States around a national contact point or points and thus to reinforce the role of the contact points both within the Network and in relation to judges and certain professional associations. | ||||||||||||||||||||||||||||||
Amendment 3 Proposal for a decision – amending act Recital 6 | |||||||||||||||||||||||||||||||
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Text proposed by the Commission |
Amendment | ||||||||||||||||||||||||||||||
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(6) To achieve this, there needs to be a main contact point in each Member State which devotes its time entirely to the Network’s tasks and so can fully perform the functions assigned to it by Decision 2001/470/EC. |
(6) To achieve this, there needs to be a main contact point or points in each Member State, dedicated to the Network’s tasks and thus fully capable of performing the functions assigned to the contact points by Decision 2001/470/EC. | ||||||||||||||||||||||||||||||
Amendment 4 Proposal for a decision – amending act Recital 6 a (new) | |||||||||||||||||||||||||||||||
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Text proposed by the Commission |
Amendment | ||||||||||||||||||||||||||||||
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(6a) A special contact point should be set up at the Court of Justice of the European Communities in order to deal with queries of a general nature, in particular about the framing of references for preliminary rulings. | ||||||||||||||||||||||||||||||
Amendment 5 Proposal for a decision – amending act Recital 7 | |||||||||||||||||||||||||||||||
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Text proposed by the Commission |
Amendment | ||||||||||||||||||||||||||||||
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(7) In future, where the law of another Member State is designated by a Community instrument or an international convention, the Network’s contact points must play an important role in informing the judicial and extra-judicial authorities in the Member States of the content of that foreign law. |
(7) In future, where the law of another Member State is designated by a Community instrument or an international convention, the Network’s contact points must be prepared to play an important role in informing the judicial and extra-judicial authorities in the Member States about the content of that law. | ||||||||||||||||||||||||||||||
Amendment 6 Proposal for a decision – amending act Recital 8 | |||||||||||||||||||||||||||||||
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Text proposed by the Commission |
Amendment | ||||||||||||||||||||||||||||||
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(8) Contact points must process requests for cooperation fast enough to be compatible with the Decision’s general objectives. |
(8) Contact points must process requests for cooperation as efficiently and rapidly as possible so as to be compatible with the Decision’s general objectives. | ||||||||||||||||||||||||||||||
Amendment 7 Proposal for a decision – amending act Recital 9 | |||||||||||||||||||||||||||||||
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Text proposed by the Commission |
Amendment | ||||||||||||||||||||||||||||||
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(9) To achieve the objectives of Decision 2001/470/EC concerning improved judicial cooperation in the European Union and public access to justice, the legal professions directly involved in the application of Community and international instruments concerning civil justice must become members of the Network through their national organisations. |
(9) To achieve the objectives of Decision 2001/470/EC concerning improved judicial cooperation in the European Union and public access to justice, such professional associations directly involved in the application of Community and international instruments concerning civil justice as are designated by the Member States may become members of the Network. | ||||||||||||||||||||||||||||||
Amendment 8 Proposal for a decision – amending act Recital 10 | |||||||||||||||||||||||||||||||
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Text proposed by the Commission |
Amendment | ||||||||||||||||||||||||||||||
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(10) To further develop the Network’s functions regarding access to justice, the contact points in the Member States should also gradually be made more accessible to the public by means of modern communications facilities. |
(10) In order further to facilitate access to justice, the contact points in the Member States should be encouraged to play an active role in the development of European e-Justice by contributing to the conception and design of the future portals, including the citizens’ e-Justice portal, as part of the Community’s e-justice policy, designed in particular to afford direct access to justice for citizens. As an initial step, the Internet sites of the national Ministries of Justice should include a link to the site of the European Judicial Network. | ||||||||||||||||||||||||||||||
Amendment 9 Proposal for a decision – amending act Recital 11 | |||||||||||||||||||||||||||||||
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Text proposed by the Commission |
Amendment | ||||||||||||||||||||||||||||||
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(11) In order to improve mutual confidence between judges in the European Union and synergies between the European networks involved, the Network needs to be able to maintain ongoing relations with the other European networks that share its objectives, in particular the networks of judicial institutions and judges. |
(11) In order to improve mutual confidence between judges or other legal professionals in the European Union and synergies between the European networks involved, the Network needs to be able to maintain ongoing relations with the other European networks that share its objectives, in particular the networks of judicial institutions, judges and legal professionals. | ||||||||||||||||||||||||||||||
Justification | |||||||||||||||||||||||||||||||
It should be clearly stated, that cooperation with other official networks, including those of legal professionals should be enhanced. | |||||||||||||||||||||||||||||||
Amendment 10 Proposal for a decision – amending act Article 1 – point 1 – point a – point i a (new) Decision 2001/470/EC Article 2 – paragraph 1 – point d a (new) | |||||||||||||||||||||||||||||||
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Amendment 11 Proposal for a decision – amending act Article 1 – point 1 – point a – point ii Decision 2001/470/EC Article 2 – paragraph 1 – point e | |||||||||||||||||||||||||||||||
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Amendment 12 Proposal for a decision – amending act Article 1 – point 1 – point b – point i Decision 2001/470/EC Article 2 – paragraph 2 – subparagraph 2 | |||||||||||||||||||||||||||||||
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Amendment 13 Proposal for a decision – amending act Article 1 – point 1 – point b – point ii Decision 2001/470/EC Article 2 – paragraph 2 – subparagraph 3 | |||||||||||||||||||||||||||||||
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Amendment 14 Proposal for a decision – amending act Article 1 – point 1 – point b a (new) Decision 2001/470/EC Article 2 – paragraph 2 a (new) | |||||||||||||||||||||||||||||||
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Amendment 15 Proposal for a decision – amending act Article 1 – point 1 – point c a (new) Decision 2001/470/EC Article 2 – paragraph 4 a (new) | |||||||||||||||||||||||||||||||
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Amendment 16 Proposal for a decision – amending act Article 1 – point 2 – point a Decision 2001/470/EC Article 3 – paragraph 1 – point b | |||||||||||||||||||||||||||||||
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Amendment 17 Proposal for a decision – amending act Article 1 – point 2 – point b a (new) Decision 2001/470/EC Article 3 – paragraph 2 – point b a (new) | |||||||||||||||||||||||||||||||
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Amendment 18 Proposal for a decision – amending act Article 1 – point 3 – point b – point ii Decision 2001/470/EC Article 5 – paragraph 2 – point c a | |||||||||||||||||||||||||||||||
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Amendment 19 Proposal for a decision – amending act Article 1 – point 3 – point b a (new) Decision 2001/470/EC Article 5 – paragraph 2 a (new) | |||||||||||||||||||||||||||||||
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Amendment 20 Proposal for a decision – amending act Article 1 – point 3 – point b – point iii Decision 2001/470/EC Article 5 – paragraph 2 – point f | |||||||||||||||||||||||||||||||
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Amendment 21 Proposal for a decision – amending act Article 1 – point 8 Decision 2001/470/EC Article 12 a – paragraph 1 | |||||||||||||||||||||||||||||||
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Justification | |||||||||||||||||||||||||||||||
The European Notarial Network is for the time being the first network created by a legal profession. As an example of good practice and in view of a stronger integration of the legal professions in the European judicial network, this example should be explicitly mentioned in the text of the decision. | |||||||||||||||||||||||||||||||
Amendment 22 Proposal for a decision – amending act Article 1 – point 11 Decision 2001/470/EC Article 13 a | |||||||||||||||||||||||||||||||
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Amendment 23 Proposal for a decision – amending act Article 1 – point 13 Decision 2001/470/EC Article 19 | |||||||||||||||||||||||||||||||
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PROCEDURE
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Title |
Establishment of a European Judicial Network in civil and commercial matters |
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References |
COM(2008)0380 – C6-0248/2008 – 2008/0122(COD) |
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Committee responsible |
LIBE |
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Opinion by Date announced in plenary |
JURI 10.7.2008 |
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Drafts(wo)man Date appointed |
Diana Wallis 9.9.2008 |
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Date adopted |
4.11.2008 |
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Result of final vote |
+: –: 0: |
25 0 0 |
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Members present for the final vote |
Carlo Casini, Titus Corlăţean, Bert Doorn, Monica Frassoni, Giuseppe Gargani, Lidia Joanna Geringer de Oedenberg, Neena Gill, Othmar Karas, Klaus-Heiner Lehne, Katalin Lévai, Antonio López-Istúriz White, Antonio Masip Hidalgo, Hans-Peter Mayer, Manuel Medina Ortega, Aloyzas Sakalas, Francesco Enrico Speroni, Diana Wallis, Jaroslav Zvěřina, Tadeusz Zwiefka |
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Substitute(s) present for the final vote |
Sharon Bowles, Eva Lichtenberger, Rareş-Lucian Niculescu, Georgios Papastamkos, József Szájer, Jacques Toubon, Renate Weber |
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PROCEDURE
|
Title |
Establishment of a European Judicial Network in civil and commercial matters |
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|
References |
COM(2008)0380 – C6-0248/2008 – 2008/0122(COD) |
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Date submitted to Parliament |
23.6.2008 |
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Committee responsible Date announced in plenary |
LIBE 10.7.2008 |
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Committee(s) asked for opinion(s) Date announced in plenary |
JURI 10.7.2008 |
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Rapporteur(s) Date appointed |
Ona Juknevičienė 15.9.2008 |
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Legal basis disputed Date of JURI opinion |
JURI 17.11.2008 |
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Discussed in committee |
9.9.2008 |
7.10.2008 |
5.11.2008 |
17.11.2008 |
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Date adopted |
17.11.2008 |
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Result of final vote |
+: –: 0: |
43 0 0 |
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Members present for the final vote |
Alexander Alvaro, Catherine Boursier, Emine Bozkurt, Kathalijne Maria Buitenweg, Maddalena Calia, Giusto Catania, Jean-Marie Cavada, Fabio Ciani, Carlos Coelho, Elly de Groen-Kouwenhoven, Panayiotis Demetriou, Gérard Deprez, Agustín Díaz de Mera García Consuegra, Claudio Fava, Armando França, Kinga Gál, Patrick Gaubert, Jeanine Hennis-Plasschaert, Wolfgang Kreissl-Dörfler, Stavros Lambrinidis, Roselyne Lefrançois, Baroness Sarah Ludford, Maria Grazia Pagano, Martine Roure, Sebastiano Sanzarello, Vladimir Urutchev, Ioannis Varvitsiotis, Manfred Weber, Tatjana Ždanoka |
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Substitute(s) present for the final vote |
Marco Cappato, Carlo Casini, Elisabetta Gardini, Monica Giuntini, Genowefa Grabowska, Luis Herrero-Tejedor, Sophia in ‘t Veld, Ona Juknevičienė, Sylvia-Yvonne Kaufmann, Jörg Leichtfried, Nicolae Vlad Popa, Luca Romagnoli, Stefano Zappalà |
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Substitute(s) under Rule 178(2) present for the final vote |
Inés Ayala Sender |
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