17 Amendments of Kostas CHRYSOGONOS related to 2015/2084(INL)
Amendment 2 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas pursuant to Articles 4(1) and 5(1) TEU (principle of conferral) the Union may legislate in a given area only if it has explicit competence to do so and in so far as it complies with the principles of subsidiarity and proportionality;
Amendment 7 #
Motion for a resolution
Recital D
Recital D
D. whereas the right to a fair trial, as enshrined in Article 47 of the Charter and in Article 6 ECHR, constitutes one of the fundamental guarantees for the respect of the rule of law and of democracy;
Amendment 11 #
Motion for a resolution
Recital J
Recital J
J. whereas within the currentexisting Treaty framework, the main legal basis for the harmonisation of civil procedure is provided for in Title V TFEU, in the Area of Freedom, Security and Justice;
Amendment 12 #
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the requirement of a cross-border element for Union competence to be established has been maintained under the Lisbon Treaty, with the result that Union action in the area of civil justice is only possible if there are connecting factors in a case (e.g. residence, place of performance, etc.) pointing to at least two different Member States;
Amendment 13 #
Motion for a resolution
Recital J b (new)
Recital J b (new)
Jb. whereas the general provision of Article 114 TFEU on the approximation of the internal market has been and is still being used as the legal basis for a variety of sector-specific measures of civil justice, such as for example the Intellectual Property Rights Enforcement Directive (IPRED) and the most recent Directive on Antitrust Damages, which is often described as 'proceduralisation through the back door';
Amendment 14 #
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas 'mutual trust' is understood in this context as the confidence that Member States should have in each other's legal systems and courts, which results in the prohibition to review what other States and their judiciaries are doing;
Amendment 20 #
Motion for a resolution
Recital S
Recital S
S. whereas it is therefore of the utmost importance to adopt and to properly implement legislation providing for the adoption of common minimum standards of civil procedure in the Union;
Amendment 22 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls also on the Commission to assess whether further measures to consolidate and strengthen a horizontalarmonised approach to the private enforcement of rights granted under Union law should be proposed and whether the hereby-proposed common minimum standards of civil procedure could be seen as promoting and ensuring such a horizontal paradigm;
Amendment 27 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Notes that mutual trust may be fostered inter alia by non-legislative methods, such as judges cooperating within the European Judicial Network or participating in training;
Amendment 33 #
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 as well as to faster, cheaper and more flexible judicial procedures 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.
Amendment 35 #
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, as well as the fundamental right to an effective remedy and to a fair trial which ensures effective access to justice, 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 39 #
Motion for a resolution
Annex I – Part B – Recital 15
Annex I – Part B – Recital 15
(15) The objective of securing a fair trial, a better access to justice and mutual trust, as part of the policy of the European Union to establish an area of freedom, security and justice, should encompass access to judicial as well as extrajudicial dispute resolution methods. In order to encourage parties to use mediation, Member States should ensure that their rules on limitation and prescription periods do not prevent the parties from going to court or to arbitration if their mediation attempt fails.
Amendment 42 #
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, proportionality 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.
Amendment 45 #
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 and in Article 6 of the ECHR, by laying down minimum standards concerning the commencement, conduct and conclusion of civil proceedings before Member States’ courts or tribunals.
Amendment 46 #
Motion for a resolution
Annex I – Part B – Article 4 – first subparagraph
Annex I – Part B – Article 4 – first subparagraph
Member States shall provide for the measures, procedures and remedies necessary to ensure the enforcement of the rights conferred by Union civil law. Those measures, procedures and remedies shall be fair and equitable and shall not be unnecessarily complicated or costly, or entail unreasonable time limits or unwarranted delays, while respecting national specificities and fundamental rights.
Amendment 48 #
Motion for a resolution
Annex I – Part B – Article 7 – paragraph 1
Annex I – Part B – Article 7 – paragraph 1
1. Member States’ courts or tribunals shall respect the right to a fair trialn effective remedy and a fair trial which ensures effective access to justice and the principle of an adversarial process, in particular when deciding on the necessity of an oral hearing and on the means of taking evidence and the extent to which evidence is to be taken.
Amendment 49 #
Motion for a resolution
Annex I – Part B – Article 9 – paragraph 1
Annex I – Part B – Article 9 – paragraph 1
1. Member States’ courts shall ensure that courts actively manage the cases before them in order to ensure fair, efficient and at reasonable speed and costs disposition of disputes, without impairing the freedom of the parties to determine the subject-matter of, and the supporting evidence for, their case.