11 Amendments of Emil RADEV related to 2015/2084(INL)
Amendment 6 #
Motion for a resolution
Recital D
Recital D
D. whereas the right to a fair trial and to an effective remedy, as enshrined in Article 47 of the Charter of Fundamental Rights of the European Union and in Article 6 ECHR, constitutes one of the fundamental guarantees of the rule of law and of democracy, being inextricably linked to the civil procedure as a whole;
Amendment 8 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas European citizens, especially those who move across borders, are currently far more likely to come into contact with the civil procedure systems of another Member State;
Amendment 10 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the proposed directive will help achieve a more coordinated, coherent and systematic approach not limited by the borders, interests and resources of an individual country;
Amendment 17 #
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. whereas minimum procedural standards at EU level could contribute to the modernisation of national proceedings, a level playing field for businesses, and increased economic growth thanks to effective and efficient judicial systems, while at the same time facilitating citizens’ access to justice in the EU and helping to uphold its fundamental freedoms;
Amendment 23 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Observes that Article 114 TFEU (harmonisation of the internal market) has been used to adopt a number of Union acts with procedural implications; notes, however, that Article 81 TFEU provides for the adoption of measures in the area of judicial cooperation in civil matters having cross-border implications, including measures for the approximatthe approximation of the laws, regulations and administrative provisions of the laws andMember States regulations of the Member State, particularly when necessary for the proper functioning to the internal market has been and is still being used as the legal basis for a wide range of the internal market; considers, therefore, that Article 81 TFEU constitutes the appropriasector- specific civil justice measures such as, for example, the Directive on the enforcement of inte llegal basis for the proposed legislative instrumentctual property rights (IPR);
Amendment 24 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes, however, that Article 81 TFEU provides for the adoption of measures in the area of judicial cooperation in civil matters having cross- border implications, including measures for the approximation of the laws and regulations of the Member State, particularly when necessary for the proper functioning of the internal market; considers, therefore, that Article 81 TFEU constitutes the appropriate legal basis for the proposed legislative instrument;
Amendment 25 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. UReiterates and underlines that the free circulation of judgments has increased mutual trust between the national judiciaries, thus increasing legal certainty and providing sufficient stability and predictability for citizens and businesses in the Union;
Amendment 26 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Points out therefore, that the elaboration of systematic, minimum standards of Union civil procedure in the form of an across-the-board horizontal directive, would lead to increasing mutual trust among Union judiciaries and ensure a common, Union-wide balancing of fundamental procedural rights for civil cases, creating a more deeply rooted general feeling of justice, certainty and predictability throughout the Union;
Amendment 31 #
Motion for a resolution
Annex I – Part A – paragraph 4
Annex I – Part A – paragraph 4
4. It is therefore necessary, in order to protect the fundamental rights and freedoms of the Union citizens, help modernize national procedures and ensure a level playing field for businesses and increased growth thanks to effective and efficient legal systems, to adopt a directive further developing the minimum standards set out in the Charter and in the ECHR. The proper legal basis for such a proposal is Article 81(2) TFEU, which concerns measures in the field of civil justice cooperation. The directive is to be adopted via the ordinary legislative procedure.
Amendment 37 #
Motion for a resolution
Annex I – Part B – Recital 5
Annex I – Part B – Recital 5
(5) By establishing minimum rules on the protection of procedural rights of litigants, and ensuring citizens easier access to justice, this Directive should strengthen the trust of Member States in civil justice systems of other Member States and can thus help promote a fundamental rights culture in the Union, as well as a more efficient internal market, while upholding its fundamental freedoms by developing a deeper general sense of justice, certainty and predictability throughout its territory.
Amendment 44 #
Motion for a resolution
Annex I – Part B – Article 1
Annex I – Part B – Article 1
The objective of this Directive is to approximate procedural systems so as to ensure full respect of for the right to a fair trial as recognised in Article 47 of the Charter, by laying down minimum standards concerning the commencement, conduct and conclusion of civil proceedings before Member States’ courts or tribunals and the recognition and enforcement of judgments, facilitating at the same time, access to justice in the Union.