29 Amendments of Daniel BUDA related to 2015/2084(INL)
Amendment 1 #
Motion for a resolution
Recital A
Recital A
A. whereas according to the CJEU’s settled case-law on the principle of procedural autonomy, where there are no Union rules on the procedural aspects of a Union law related dispute, Member States are responsible for designating the courts having jurisdiction and for determining the rules of procedure according to which Union rights will be protecteddetails regarding procedures to be followed in respect of actions initiated to ensure the protection of rights conferred by the European Union;
Amendment 3 #
Motion for a resolution
Recital C
Recital C
C. whereas in the absence of Union provisions harmonising procedural rules, Member States’ primacy to provide procedural rules for the enforcement of Union rights conferred by the Union does not extend to the introduction of new remedies in national legal orders to ensure the applicability of Union law;10 __________________ 10 See inter alia: judgment of 13 March 2007, Unibet (London) Ltd and Unibet (International) Ltd v Justitiekanslern, C- 432/05, ECLI:EU:C:2007:163.
Amendment 4 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the body of case law established by the Court of Justice of the European Union is contributing to its cooperation with the Member State courts, while improving understanding of Union law on the part of the citizens and national courts of Member States;
Amendment 5 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas implementation of, and compliance with, the principle of mutual recognition of judgments, coupled with the approximation of legislation, facilitates cooperation between the authorities and the legal protection of individual rights;
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 15 #
Motion for a resolution
Recital O
Recital O
O. whereas the existence of, and respect for, procedural guarantees for the efficiency and efficacy of civil proceedings and the equal treatment of the parties isare desirable and indeed necessary to ensure mutual trust;
Amendment 16 #
Motion for a resolution
Recital P
Recital P
P. whereas the enactment of such a system of common minimum standards would also set a minimum level of quality of civil proceedings across the Union, thus contributing not only to the reinforcement of mutual trust between judiciaries, but also to the smoother operation of the internal market, as it is estimated that the procedural differences among Member States may, inter alia, constitute disturbances to trade and can deter businesses or consumers from exercising their internal market rights;
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 19 #
Motion for a resolution
Recital R
Recital R
R. whereas the proposed Directive does not affect either the judicial organisation of the Member States or the principal characteristics of the manner in which civil litigation is conducted but facilitates more efficient national procedural rules;
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 30 #
Motion for a resolution
Annex I – Part A – paragraph 2
Annex I – Part A – paragraph 2
2. The implementation of the principle of mutual recognition of judgments in civil matters has increased Member States’ trust in each other’s civil justice systems, while the approximation of the laws, regulations and administrative provisions of the Member States can facilitate cooperation between the authorities and the judicial protection of individual rights. The extent of mutual trust is very much dependent on a number of parameters, which include, inter alia, mechanisms for safeguarding the rights of the claimant or the defendant while guaranteeing access to courts and justice.
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 32 #
Motion for a resolution
Annex I – Part A – paragraph 6
Annex I – Part A – paragraph 6
6. Common minimum standards should lead to increased confidence in the civil justice systems of all Member States, which, in turn, should lead to more efficient judicial cooperation in a climate of mutual trust. Such common minimum rules should also remove obstacles to the free movement of citizens throughout the territory of the Member States and ensure that those travelling abroad in particular will no longer feel reticent about contact with civil procedural systems in another Member State.
Amendment 36 #
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, while at the same time leading to more efficient national procedural rules. It is also aimed at providing a basis for the gradual deepening of the approximation of civil procedural regimes of Member States.
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 41 #
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 is central to the efficient functioning of a European judicial area. Judicial training is a crucial element in this process as it enhances mutual confidence between Member States, practitioners and citizens. In this regard, Member States must cooperate and provide support for vocational training and exchanges of best practice among those working in the legal field.
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.
Amendment 51 #
Motion for a resolution
Annex I – Part B – Article 13 – paragraph 2
Annex I – Part B – Article 13 – paragraph 2
2. The parties shall be able to pay the court fees by means of distance payment methods, including from a Member State other than the Member State in which the court or tribunal is situated, via bank transfer or via credit or debit card payment, submitting authenticated proof of payment for entry in the case file by any means of communication.
Amendment 52 #
Motion for a resolution
Annex I – Part B – Article 15 – paragraph 1
Annex I – Part B – Article 15 – paragraph 1
1. In order to ensure effective access to justice, Member States shall ensure that courts may grant legal aid to a party.
Amendment 53 #
Motion for a resolution
Annex I – Part B – Article 15 – paragraph 2 – point a
Annex I – Part B – Article 15 – paragraph 2 – point a
(a) court fees, through total or partial discounts or rescheduling;
Amendment 54 #
Motion for a resolution
Annex I – Part B – Article 15 – paragraph 4 a (new)
Annex I – Part B – Article 15 – paragraph 4 a (new)
(4a) Member States shall make certain that European citizens and legal persons are informed of the procedure for seeking legal assistance under paragraphs (1) - (4), with a view to making it effective and accessible.
Amendment 55 #
Motion for a resolution
Annex I – Part B – Article 17 – paragraph 3 – second subparagraph – point a
Annex I – Part B – Article 17 – paragraph 3 – second subparagraph – point a
(a) a document signed by the competent person who effected the service, indicating: ( all of the following: (i) the full name of the person who served the notification or communication; (ii) the method of service used; and (iii) the date of service; and (iii(iv) where the served documents have been served on a person other than the defendant, the name of that person and his relation to the defendant; orand (v) other compulsory indications under national law.
Amendment 56 #
Motion for a resolution
Annex I – Part B – Article 19
Annex I – Part B – Article 19
Member States shall endeavour to provide citizens with transparent and easily available information regarding the commencement of various procedures, limitation or prescription periods, the competent courts to hear different disputes, and the necessary forms that need to be filled in for that purpose. Nothing in this Article requires the Member States to provide legal assistance in the form of a legal assessment of a specific case.
Amendment 58 #
Motion for a resolution
Annex I – Part B – Article 25
Annex I – Part B – Article 25
The Commission shall, not later than 31 December 2025, and every five years thereafter, submit to the European Parliament, the Council and the European Economic and Social Committee a report on the application of this Directive on the basis of both qualitative and quantitative information. In this context, the Commission shall in particular evaluate its impact on access to justice, on the fundamental right to a fair trial and to an effective remedy, on the cooperation in civil matters and on the functioning of the single market, on SMEs, the competitiveness of the economy of the European Union and consumer trust. If necessary, the report shall be accompanied by legislative proposals to adapt and strengthen this Directive.