15 Amendments of Daniel BUDA related to 2018/0204(COD)
Amendment 46 #
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 the transmission and service between the Member States of judicial and extrajudicial documents in civil and commercial matters.
Amendment 47 #
Proposal for a regulation
Recital 4
Recital 4
(4) In order to ensure the speedyeffectively the speedy, direct and secure transmission of documents to other Member States for the purposes of service there, all appropriate means of modern communication technology should be used, provided that certain conditions as to the integrity and reliability of the document received are observed, while at the same time ensuring respect for the procedural rights of those concerned and the protection, integrity and confidentiality of personal data and privacy in line with the rules in force at EU level. For that purpose, all communication and exchanges of documents between the agencies and bodies designated by the Member States should be carried out through a decentralised IT system composed of national IT systems.
Amendment 50 #
Proposal for a regulation
Recital 5
Recital 5
(5) The receiving agency should, in all circumstances and with no margin of discretion in that regard, inform the addressee in writing using the standard form that he or she may refuse to accept the document to be served if it is not either in a language which he or she understands or in the official language or one of the official languages of the place of service. This rule should also apply to any subsequent service once the addressee has exercised his or her right of refusal. The right of refusal should also apply in respect of service by diplomatic or consular agents, service by postal services and direct service. It should be possible to remedy the service of the refused document by serving a translation of the document on the addressee.
Amendment 54 #
Proposal for a regulation
Recital 6
Recital 6
(6) If the addressee has refused to accept the document, the court or authority seised with the legal proceedings in course of which the service became necessary, should verify whether that refusal was justified. For that purpose, that court or authority should take into account all the relevant information on the file or at its disposal in order to determine the actual language skills of the addressee. When assessing the language skills of the addressee, the court could take into account factual elements such as documents written by the addressee in the language concerned, whether the addressee’s profession involves such language skills (for example, teacher or interpreter), whether the addressee is a citizen of the Member State where the judicial proceedings take place, or whether the addressee previously resided in that Member State for some time. Such an assessment should not take place, if the document was drawn up or translated into the official language or one of the official languages of the place of service.
Amendment 57 #
Proposal for a regulation
Recital 8
Recital 8
(8) TGiven the need to improve the framework provisions for judicial cooperation in the EU and update public legal administrative procedures in order to increase cross-border interoperability and facilitate interaction with citizens, the already existing direct channels for transmission and service of documents should be improved so that they provide reliablapid, reliable, more secure and generally accessible alternatives to the traditional transmission via the receiving agencies. For this purpose, postal service providers should use a specific acknowledgement of receipt when performing service by post under Article 14 of Regulation (EC) No 1393/2007. Similarly, it should be possible for any person interested in a judicial proceeding and for courts or authorities seised with a legal proceeding to effect service of documents in the territory of all Member States directly through the judicial officers, officials or other competent persons of the Member State addressed.
Amendment 59 #
Proposal for a regulation
Recital 9
Recital 9
(9) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect of the rights of defence of the addressees, which derive from the right to a fair trial, enshrined in Article 47 of the Charter of Fundamental Rights. Similarly, by guaranteeing equal access to justice, the Regulation serves to promote non- discrimination (Article 18 TFEU), while furthermore applying in accordance with existing EU rules on the protection of personal data and privacy.
Amendment 60 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) This Regulation seeks to improve the effectiveness and speed of judicial procedures by simplifying and streamlining procedures for the notification or communication of judicial and extrajudicial documents at EU level, 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 66 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1393/2007
Article 3 a – paragraph 4
Article 3 a – paragraph 4
4. If transmission in accordance with paragraph 1 is not possible due to an unforeseen and exceptional disruption of the decentralised IT system, transmission shall be carried out by the swiftest possible alternative means., guaranteeing the same high level of efficiency, reliability, security and protection of privacy and personal data. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 69 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1393/2007
Article 3 b – paragraph 3 a (new)
Article 3 b – paragraph 3 a (new)
3a. For the effective implementation of paragraphs 1 and 2, the Commission shall consider whether to propose additional ways of channelling EU funding or co-funding into these activities. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 71 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
1. Where the address of the person to be served with the judicial or extrajudicial document in another Member State is not known, Member States shall, as soon as possible, provide assistance by one or more of the following means: (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 76 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 1393/2007
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Where the request for service cannot be fulfilled on the basis of the information or documents transmitted, the receiving agency shall, as soon as possible, contact the transmitting agency in order to secure the missing information or documents. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 80 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 1393/2007
Article 6 – paragraph 4
Article 6 – paragraph 4
4. A receiving agency receiving a document for service but not having territorial jurisdiction to serve it shall, as soon as possible, forward it, as well as the request, through the decentralised IT system referred to in Article 3a to the receiving agency having territorial jurisdiction in the same Member State if the request complies with the conditions laid down in Article 4(2) and shall, at the same time, inform the transmitting agency accordingly using the standard form set out in Annex I. Upon receipt of the document and the request by the receiving agency having territorial jurisdiction in the same Member State, an automatic receipt of delivery is sent to the transmitting agency, as soon as possible via the decentralised IT system referred to in Article 3a." (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 89 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1393/2007
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Where the receiving agency is informed that the addressee refuses to accept the document in accordance with paragraphs 1 and 2, it shall immediately inform the transmitting agency by means of the certificate provided for in Article 10 and return the request. and the document in respect of which a translation is requested. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. ro (In line with Article 8(3))
Amendment 105 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 1393/2007
Article 19 – paragraph 2 – introductory part
Article 19 – paragraph 2 – introductory part
2. Notwithstanding the provisions of paragraph 1, the judge may give judgment even if no certificate of service or delivery has been received, where all the following conditions are fulfilled:cumulatively fulfilled: (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 109 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 1393/2007
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Notwithstanding paragraphs 1 and 2, the judge may, in justified case of urgency, order any provisional or protective measures. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)