16 Amendments of Daniel BUDA related to 2018/2079(INL)
Amendment 3 #
Motion for a resolution
Recital A
Recital A
A. whereas the right to a fair trialand public hearing within a reasonable time, 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;
Amendment 6 #
Motion for a resolution
Recital B
Recital B
B. whereas judicial cooperation has been supportpromoted, supported and encouraged by several procedural acts of secondary law of the Union, including the Small Claims Regulation2, the Legal Aid Directive3, the Regulation on taking of evidence, the Regulation on service of documents; _________________ 2 Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure (OJ L 199, 31.7.2007, p. 1). 3 Council Directive 2002/8/EC of 27 January 2003 to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes (OJ L 26, 31.1.2003, p. 41).
Amendment 10 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas it is necessary to step up enhanced cooperation between the Member State authorities and judicial systems at EU level, with a view to removing any obstacles that might arise from incompatibilities between different judicial and administrative systems;
Amendment 11 #
Motion for a resolution
Recital E
Recital E
E. whereas the Brussels I Regulation sets basic rules on jurisdiction, recognition and enforcement of civil and commercial cross border matters in the European Union; whereas the amended version, which came into force in 2015, introduced a number of key adjustments for the resolution of EU cross-border disputes, saving time and money for businesses and individuals;
Amendment 12 #
Motion for a resolution
Recital F
Recital F
F. whereas the Rome I Regulation lays down rules on law applicable to thecivil and commercial contractual obligation.s;
Amendment 16 #
Motion for a resolution
Recital I
Recital I
I. whereas the slow settlement of commercial disputes in the Union might lead the commercial parties to seek alternative dispute settlement, or dispute settlement in non-member States and choose to apply to contracts national law of a non-member State, which could generate high costs;
Amendment 17 #
Motion for a resolution
Recital J
Recital J
J. whereas high quality settlement of commercial disputes depends on a high level of competence and experience in these matters in courts, among judges and lawyers and legal practitioners;
Amendment 18 #
Motion for a resolution
Recital K
Recital K
K. whereas the availability of a rapid and cost-effective fast- track procedure supported by highly experienced and competent judges and lawyers in the Member States would make a choice of national law of a Member State more likely and as a consequence enrich the competence in civil and commercial matters in the Member States;
Amendment 23 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the settlement of commercial matters is far slower than it could be, taking on average between three and four years and that this leads to substantial losses for business, and not only in economic terms but also as regards time and energy, energy and other resources that could be diverted for other opportunities;
Amendment 26 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights the successful implementation of the European small claims procedure (ESCP), which provided a way of solving consumer and other cross- border disputes regarding small amounts within the Union in a swift and cost- effective way while upholding protection for the rights of the parties;
Amendment 28 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Contends that the adoption of a regulation similar to the ESCP, the European Expedited Civil Procedure (EECP) applicable to cross border commercial disputes would be the best way to address the long waiting times for commercial disputes in the Union, possibly making great savings for European businesses and mobilising unused capital;
Amendment 33 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Observes that the aim to provide expedited and more cost-effective settlement of commercial disputes in the Union cannot just be achieved by the introduction of a harmonised fast-track procedural system; to this aim, courts, judges and lawy, lawyers and legal practitioners highly proficient and experienced in commercial law and private international law would be needed in order to make such a procedural system efficient;
Amendment 36 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Emphasises that the current distribution in choice of law in commercial contracts between the different European jurisdictions showslacks uniformity, resulting in a slower build-up of competence and experience in commercial matters in some Member States and in addition a less complete development of commercial case law in those countries;
Amendment 43 #
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 lawyers are also necessary, such as improved training in commercial matters and better access to EU law and the national law of the Member States, in particular case law;
Amendment 53 #
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 voluntary European Expedited Civil Procedure in order to provide European companies a possibility to reach a settlement of commercial disputes within a reasonable time frame.
Amendment 73 #
Motion for a resolution
Annex I – part III – point 1 – point a
Annex I – part III – point 1 – point a
a) training of judges and lawyers and legal practitioners in commercial matters;