Activities of Angel DZHAMBAZKI related to 2015/2084(INL)
Legal basis opinions (0)
Amendments (7)
Amendment 18 #
Motion for a resolution
Recital Q
Recital Q
Q. Whereas the approximation of procedural regimes in the Union is necessary; whereas the proposed Directive is meant to be a first step in the process of further harmonisation and convergence of Member States’ civil justice systems and of the creation of a Union Code of Civil Procedure in the longer-termdesirable;
Amendment 21 #
Motion for a resolution
Recital S
Recital S
S. whereas it is therefore of the utmost importance toa step towards adopting legislation providing for the adoption of common minimum standards of civil procedure in the Union;
Amendment 29 #
Motion for a resolution
Annex I – Part A – paragraph 1
Annex I – Part A – paragraph 1
1. In the Union, enforcement of law before courts remains largely the matter of national procedural rules and practice. National courts are also Union courts. It is therefore for the proceedings before them to ensure fairness, justice and efficiency as well as effective application of UnioEuropean law.
Amendment 34 #
Motion for a resolution
Annex I – Part A – paragraph 7
Annex I – Part A – paragraph 7
7. The proposed directive is not aimed at substituting national procedural regimes in their entirety, but while respecting national specificities, it is aimed at establishing common minimum standards regarding the function and conduct of civil proceedings for all matters falling within the scope of Union law. It is also aimed at providing a basis for the gradual deepening of the approximation of civil procedural regimes of Member States.
Amendment 38 #
Motion for a resolution
Annex I – Part B – Recital 11
Annex I – Part B – Recital 11
(11) Member States’ courts should be able to rely on experts’ opinions for technical, legal or other evidentiary issues. Save where coercive measures are needed and in accordance with the freedom to provide services and the case-law of the Court of Justice, judges in one Member State should be able to appoint experts to conduct investigations in another Member State without any prior authorisation being necessary for their conduct. To facilitate judicial expertise and taking into account limitations in appointing sufficiently qualified experts in one Member State’s jurisdiction, for instance due to the technical sophistication of the case or the existence of direct or indirect links between the expert and the parties, a European directory of all national lists of experts should be created and kept up to date as part of the European e-justice portal.
Amendment 40 #
Motion for a resolution
Annex I – Part B – Recital 16
Annex I – Part B – Recital 16
(16) Due to differences between Member States’ rules of civil procedure and especially those governing the service of documents, it is necessary to define the minimum standards that should apply to civil proceedings falling within the scope of Union law. In particular, service methods that ensure prompt and safe receipt of the served documents, confirmed by a proof of delivery, should be prioritised. MThe use of modern communication technologies should therefore be widely usencouraged. For documents that need to be served on the parties, electronic service should be on an equal footing with postal service. The available electronic means should ensure that the content of the documents and other written communications received is true and faithful to that of the documents and other written communications sent, and that the method used for the acknowledgment of receipt provides confirmation of the receipt by the addressee and of the date of receipt.
Amendment 43 #
Motion for a resolution
Annex I – Part B – Recital 20
Annex I – Part B – Recital 20
(20) The creation of a European judicial culture that fully respects subsidiarity and judicial independence isJudicial training is a crucial element in the process of mutual confidence between Member States, practitioners and citizens, ceontralibuting to the efficient functioning of a European judicial area. Judicial training is a crucial element , respecting thise process as it enhances mutual confidence between Member States, practitioners and citizensinciples of subsidiarity, proportionality and judicial independence.