16 Amendments of Emil RADEV related to 2018/2079(INL)
Amendment 1 #
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the European acquis in the area of civil justice co- operation,
Amendment 2 #
Motion for a resolution
Recital А
Recital А
A. whereas the right to a fair trial, as enshrined in Article 47 of the Charter and in Article 6 of the European Convention on Human Rights, constitutes one of the fundamental guarantees of the rule of law and of democracy and is an intrinsic part of civil proceedings as a whole;
Amendment 4 #
Motion for a resolution
Recital А a (new)
Recital А a (new)
Aa. whereas the introduction of an accelerated European civil procedure 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 access to justice in the Union and helping to uphold the fundamental freedoms of the Union;
Amendment 8 #
Motion for a resolution
Recital D
Recital D
D. whereas many issues with regard to procedural law in the area of civil justice are regulated at the national level, thus procedural law in this area differs from one Member State to another; whereas an accelerated procedure could lead to the necessary approximation of procedural regimes in the Union;
Amendment 15 #
Motion for a resolution
Recital H
Recital H
H. whereas settlement of commercial matters in public courts is, in general, slow in the Unionn the Member States is, in general, slow and fails to meet the expectations of parties involved in commercial disputes, a fact that is accentuated by the introduction of the European small claims procedure, which has, by contrast, led to substantially faster settlement of consumer disputes;
Amendment 27 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises that mutual trust is a complex notion and that many factors play a role in building that trust, such as judicial education and upskilling, cross- border judicial cooperation and exchange of experience and best practices between judges;
Amendment 45 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Emphasises that legislative measures cannot address these issues alone, practical measures to raise the competence both of courts and of practising lawyers are also necessary;
Amendment 49 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Confirms that the recommendations annexed to this motion for a resolution respect fundamental rights, the principle of national procedural autonomy and the principles of subsidiarity and proportionality;
Amendment 52 #
Motion for a resolution
Annex I – part I – paragraph 1
Annex I – part I – paragraph 1
The main aim of the following proposal is to introduce a European Expedited Civil Procedure in order to provide European companies a possibility to reach a settlement of cross-border commercial disputes within a reasonable time frame.
Amendment 55 #
Motion for a resolution
Annex I – part I – paragraph 2 – point 2
Annex I – part I – paragraph 2 – point 2
2. It should apply if the parties so agree and sign an agreement to that effect, either before the dispute arises or if the claimant launches a claim under the procedure and the defendant accepts it;
Amendment 58 #
Motion for a resolution
Annex I – part I – paragraph 2 – point 3
Annex I – part I – paragraph 2 – point 3
3. It should require the parties to prepare their claims to a high degree before going to court; paired with early preclusion of the possibility to raisinge new facts or new evidence in court;
Amendment 59 #
Motion for a resolution
Annex I – part I – paragraph 2 – point 5
Annex I – part I – paragraph 2 – point 5
5. It could in principle be a written procedure, allowing for oral hearings where at least one of the parties so request;
Amendment 60 #
Motion for a resolution
Annex I – part I – paragraph 2 – point 6
Annex I – part I – paragraph 2 – point 6
6. It should, as a starting point, apply very short deadlines to the procedure, allowing the court, in agreement with the parties, to opt forapply longer deadlines in cases of higher complexity;
Amendment 62 #
Motion for a resolution
Annex I – part I – paragraph 2 – point 7
Annex I – part I – paragraph 2 – point 7
7. Encourage in- and out-of-court amicable settlement of cross-border commercial disputes, including by way of mediation;
Amendment 74 #
Motion for a resolution
Annex I – part III – point 1 – point а
Annex I – part III – point 1 – point а
(a) training of judges and practising lawyers in commercial matters;
Amendment 75 #
Motion for a resolution
Annex I – part III – point 1 – point d a (new)
Annex I – part III – point 1 – point d a (new)
(da) the mastering of a foreign language and its legal terminology;