Activities of Gilles LEBRETON related to 2018/0203(COD)
Legal basis opinions (0)
Amendments (16)
Amendment 21 #
Proposal for a regulation
Recital 1
Recital 1
(1) In the interests of the proper functioning of the internal market, it is necessary to further improve and expedite cooperation between courts in the taking of evidence in cross-border judicial proceedings (which, by definition, do not fall within the scope of national legal systems).
Amendment 22 #
Proposal for a regulation
Recital 2
Recital 2
(2) Council Regulation (EC) No 1206/200117 lays down rules on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters. It does not transfer any particular powers to the Union, but makes it clear that its objectives can be better achieved at European level (Recital 5). It complies with the principles of subsidiarity and proportionality. _________________ 17 Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (OJ L 174, 27.6.2001, p. 1).
Amendment 27 #
Proposal for a regulation
Recital 4
Recital 4
(4) In order to ensure mutual recognition of digital evidence such evidence taken in a Member State in accordance with its law should not be denied recognition as evidence in other Member States only because of its digital nature. Any refusal should be accompanied by a substantiated legal justification.
Amendment 32 #
Proposal for a regulation
Recital 6
Recital 6
(6) Modern communications technology, in particular videoconferencing which is an important means to simplify and accelerate the taking of evidence, is currently not used to its full potential. Where evidence is to be taken by hearing a person domiciled in another Member State as witness, party or expert, the court should be able to take that evidence directly via videoconference, if available to the respective courts, where it deems the use of such technology compatible with domestic law and not inappropriate on account of the sensitivity of the specific circumstances of the case.
Amendment 35 #
Proposal for a regulation
Recital 7
Recital 7
(7) In order to facilitate the taking of evidence by diplomatic officers or consular agents, such persons mayshould be able, by express derogation, in the territory of another Member State in which they are duly accredited, and within the area where they exercise their functions, to take evidence without the need for a prior request by hearing nationals of the Member State which they represent without compulsion in the context of proceedings pending in the courts of the Member State which they represent, on presentation of their authorisation and accreditation, hearing nationals of the Member State which they represent, provided that the person to be heard cooperates voluntarily.
Amendment 37 #
Proposal for a regulation
Recital 8
Recital 8
(8) Since the objectives of this Regulation cannot be sufficiently achieved by the Member States and can rather,achieved more effectively at European level by rmeasons of the creation of a legal framework ensuring the speedy transmission of requests and communications concerning the performance of taking of evidence, be better achieved at Un in cross-border judicial proceedings (which, by definition, do not fall within the scope of national levelgal systems), the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 41 #
Proposal for a regulation
Article premier – paragraph 1 – point 1
Article premier – paragraph 1 – point 1
Regulation (EC) N° 1206/2001
Article 1 – paragraph 4
Article 1 – paragraph 4
4. In this Regulation, the term ‘court’ shall mean any judicial authority in a Member State which is competent under the laws of that Member State for the performance of taking of evidence according to this Regulation and which also meets the autonomous criteria established by the Court of Justice of the European Union.;
Amendment 42 #
Proposal for a regulation
Recital 11 – introductory part
Recital 11 – introductory part
(11) In order to update the standard forms in the Annexes or to make technical changes to those forms, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendments to the Annexes. In accordance with Article 290 TFEU, these non-legislative delegated acts can only supplement the Annexes. They cannot alter the essential elements of the legislative act and must refer only to the annexes forming part of the regulatory framework (judgments in Commission v Parliament and Council, C 427/12, EU:C:2014:170, paragraph 38, and Commission v Parliament and Council, C 88/14, EU:C:2015:499, paragraph 29). Parliament and the Council may revoke the delegation and/or object to the delegated act and/or stipulate that the delegated act may enter into force only if no objection has been expressed by Parliament or the Council within a period set by the legislative act. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making*. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 46 #
Proposal for a regulation
Article premier – paragraph 1 – point 2
Article premier – paragraph 1 – point 2
Regulation (EC) No 1206/2001
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Requests and communications pursuant to this Regulation shall be transmitted through a secure, confidential, decentralised IT system composed of national IT systems interconnected by a communication infrastructure enabling the secure and reliable, reliable and confidential cross- border exchange of information between the national IT systems.
Amendment 52 #
Proposal for a regulation
Article premier – paragraph 1 – point 2
Article premier – paragraph 1 – point 2
Regulation (EC) No 1206/2001
Article 6 – paragraph 4
Article 6 – paragraph 4
4. If transmission in accordance with paragraph 1 is not possible due to an unforeseen and exceptional disruption of the decentralised IT system or where such transmission is not possible in other exceptional cases, transmission shall be carried out by the swiftest possible means, which the requested Member State has indicated it can accept, unless, depending on the specific circumstances of the case, the use of this technology is considered inappropriate to the smooth and fair conduct of the procedure or otherwise contrary to national law.
Amendment 56 #
Proposal for a regulation
Article premier – paragraph 1 – point 4
Article premier – paragraph 1 – point 4
Regulation (EC) No 1206/2001
Article 17a – paragraph 1
Article 17a – paragraph 1
1. Where evidence is to be taken by hearing a person domiciled in another Member State as witness, party or expert and the court does not request the competent court of another Member State to take evidence, in strict compliance with the rules of confidentiality and probity, in accordance with Article 1(1)(a), the court shall take evidence directly in accordance with Article 17 via videoconference, if available to the respective courts, where it deemunless the use of such technology appropriateis deemed inappropriate for the smooth and equitable conduct of the procedure or is not regarded as compliant with domestic law on account of the specific circumstances of the case.
Amendment 70 #
Proposal for a regulation
Article premier – paragraph 1 – point 4
Article premier – paragraph 1 – point 4
Regulation (EC) No 1206/2001
Article 17a – paragraph 3 – point b
Article 17a – paragraph 3 – point b
(b) if necessary, at the request of the requesting court, the person to be heard or the judge in the requested Member State participating in the hearing, the central body or the competent authority referred to in Article 3(3) shall ensure that the person to be heard or the judge are assisted by an accredited and qualified interpreter. ;
Amendment 71 #
Proposal for a regulation
Article premier – paragraph 1 – point 4
Article premier – paragraph 1 – point 4
Regulation (EC) No 1206/2001
Article 17a – paragraph 3 – point b a (new)
Article 17a – paragraph 3 – point b a (new)
(ba) The person interviewed shall be informed in advance of their rights and of the arrangements for their participation in a videoconference with the possible assistance of a lawyer.A videoconference shall be convened within a reasonable period of time. (d) In particular, as regards the processing of personal data, that is to say, the exchange and forwarding of personal data by the competent authorities, those authorities shall comply with the provisions of Regulation (EU) 2016/679. Any exchange or forwarding of information by competent authorities at Union level shall be undertaken in accordance with Regulation (EC) No 45/2001. Personal data which are not relevant for the handling of a specific case shall be immediately deleted.
Amendment 74 #
Proposal for a regulation
Article premier – paragraph 1 – point 5
Article premier – paragraph 1 – point 5
Regulation (EC) No 1206/2001
Article 17b
Article 17b
Diplomatic officers or consular agents of a Member State may, by way of derogation or with express authorisation, in the territory of another Member State in which they are duly accredited, and within the area where they exercise their functions, take evidence without the need for a prior request pursuant to Article 17(1)confidentially, on presentation of their authorisation, by hearing nationals of the Member State which they represent, without compulsion in the context of proceedings pending in the courts of the Member State which they represent.’;, provided that the person to be heard cooperates voluntarily.
Amendment 76 #
Proposal for a regulation
Article premier – paragraph 1 – point 6
Article premier – paragraph 1 – point 6
Regulation (EC) No 1206/2001
Article 18a
Article 18a
Digital evidence taken in a Member State in accordance with its law shall not be denied the quality of evidence in other Member States solely due to its digital nature. ;Any refusal must be justified and state the reasons on which it is based.
Amendment 77 #
Proposal for a regulation
Article premier – paragraph 1 – point 8
Article premier – paragraph 1 – point 8
Regulation (EC) No 1206/2001
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. In accordance with Article 290 TFEU, these non-legislative delegated acts can only supplement the Annexes. They cannot alter the essential elements of the legislative act and must refer only to the annexes forming part of the regulatory framework (judgments in Commission v Parliament and Council, C 427/12, EU:C:2014:170, paragraph 38, and Commission v Parliament and Council, C 88/14, EU:C:2015:499, paragraph 29). Parliament and the Council may revoke the delegation and/or object to the delegated act and/or stipulate that the delegated act may enter into force only if no objection has been expressed by Parliament or the Council within a period set by the legislative act.