10 Amendments of Daniel BUDA related to 2018/0203(COD)
Amendment 20 #
Proposal for a regulation
Recital 1
Recital 1
(1) In the interests of the proper functioning of the internal market and the development of a European area of civil justice governed by the principle of mutual trust and mutual recognition of judgments, it is necessary to further improve and expedite cooperation between courts in the Member States in the field of the taking of evidence.
Amendment 24 #
Proposal for a regulation
Recital 3
Recital 3
(3) In order to ensureffectively ensure direct and speedy transmission of requests and communications, all appropriate means of modern communication technology should be used, and developments in this field should be constantly taken into account. Therefore, as a rule, all communication and exchanges of documents should be carried out through a decentralised IT system composed of national IT systems.
Amendment 29 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The procedures for taking, saving and presenting evidence should ensure respect for the procedural rights of the parties, as well as the protection, integrity and confidentiality of personal data and privacy, in accordance with the rules in force at EU level.
Amendment 30 #
Proposal for a regulation
Recital 6
Recital 6
(6) Modern communications technology, in particular videoconferencing, which is an important and direct 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 take that evidence directly via videoconference, if or other remote communications technology available to the respective courts, wh. Howevere, it deemsn exceptional cases where the use of such technology appropriate on account ofis deemed to be unsuited to the specific circumstances of the case or to conflict with the proper conduct of the proceedings, other channels may continue to be used.
Amendment 38 #
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, by reason of the creation of a simplified legal framework ensuring the direct, effective and speedy transmission of requests and communications concerning the performance of taking of evidence, be better achieved at Union level, 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 39 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) This Regulation seeks to improve the efficacy and speed of judicial proceedings by simplifying and streamlining the mechanisms for cooperating over the taking of evidence in cross-border proceedings, while at the same time helping to reduce delays and costs for individuals and businesses. In addition, greater legal certainty, coupled with simpler, streamlined and digitalised procedures can encourage individuals and businesses to engage in cross-border transactions, thereby boosting EU trade and hence the functioning of the internal market.
Amendment 43 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – 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, under the national legislation of that Member State, is competent founder the performance oflaws of that Member State for the taking of evidence according to this Regulation.; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 60 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – 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 accordance with Article 1(1)(a), the court shall take evidence directly, in accordance with Article 17 via videoconference, ifor using other up-to-date remote communication technologies available to the respective courts, wh. Howevere, it deemsn exceptional cases where the use of such technology appropriate on account ofis deemed to be unsuited to the specific circumstances of the case. or to conflict with the proper conduct of the proceedings, other channels may continue to be used. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 63 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 1206/2001
Article 17a – paragraph 2
Article 17a – paragraph 2
2. Where a request for direct taking of evidence via videoconference or using other up-to-date communication technologies is made, the hearing shall be held in the premises of a court. The requesting court and the central body or the competent authority referred to in Article 3(3) or the court on whose premises the hearing is to be held shall agree on the practical arrangements for the videoconference. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. ro (Article 17a – paragraph 2)
Amendment 65 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 1206/2001
Article 17a – paragraph 2 a (new)
Article 17a – paragraph 2 a (new)
2a. The court shall communicate to the person to be heard and the other parties concerned the details of the type of procedure, the conditions for participation and any other instructions necessary for the proper conduct of the proceedings, such as how documents and other material is to be presented. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)