Activities of Manuel MEDINA ORTEGA related to 2008/2233(INI)
Legal basis opinions (0)
Amendments (16)
Amendment 13 #
Motion for a resolution
Recital I
Recital I
I. whereas, however, it is absolutely essential that any measures proposed should be proportionate; whereas, moreover, they should not merely replicate what can already be achieved through existing national measures and they should be confined to cross-border claimexisting national measures and unnecessary and inappropriate harmonisation should be avoided,
Amendment 14 #
Motion for a resolution
Recital J
Recital J
J. whereas considerablsome concern has been expressed that certain of the ideas put forward in the above-mentioned Green Paper of 6 March 2008on the effective enforcement of judgments in the European Union through the transparency of debtors' assets could violate fundamental rights, including the right to privacy (data protection), undermine procedural safeguards and run counter to the constitutional traditions of many Member States,
Amendment 16 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Agrees with the Commission that cross- border debt recovery through enforcement of judicial decisions is a major internal market problem, but; considers that none of the solutions mooted by the Commission willcan also help with the most difficult problem, that of recalcitrant debtors who are unscrupulous in honouring their civil obligations and have the means at their disposal to evade them;
Amendment 20 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that such a manual, to be made available on the European Judicial Network, could be useful at best as a general guide to what is available in other jurisdictions;
Amendment 22 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Takes the view, however, that such a manual will be of limited utility, laborious and expensive to produce and update, and inevitably lag behind changes in the law;utility, considers that it will be of assistance onlyto professionals as well as to persons wishing to do their own enforcement in a foreign country; points out that, in the great majority of cases, the creditor will have to seek legal advice from a lawyer in the foreign jurisdiction about what means of enforcement may be available;
Amendment 25 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Strongly bBelieves that other initiatives such as launching national directories of foreign lawyers exercising their internal market rights under Directives 77/249/EEC*3 and 98/5/EC** would be more cost-effective and more helpful to creditors; 1 Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services, OJ L 78, 26.3.1977, p. 17. 2 Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained, OJ L 77, 14.3.1998, p. 36. 3 Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services, OJ L 78, 26.3.1977, p. 17. 4 Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained, OJ L 77, 14.3.1998, p. 36.4 can be complementary to the Manual; Or. en
Amendment 28 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Has the gravest misgivings about providing access to population, social security and tax registersIs against providing unjustified, indiscriminate and arbitrary access to all kind of data on population, social security and tax registers and in favour of an adequate and proportionate framework to ensure the effective enforcement of judgments in the European Union;
Amendment 30 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. ArguesIs of the opinion that, althoughppropriate access to population registers (where they exist) might be useful for tracing hapless private individuals who default on maintenance payments or personal loans, it would be expensive and disproportionate and would do nothing about the problem of recalcitrant debtors, and increased access to population registers could well be abused by journalists or sellers using cold-calling techniqu and for avoiding abuses;
Amendment 31 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that, whereas better access to social security and tax registers has been used in certain jurisdictions with some success, there are possible conflicts withit is necessary also to ensure the rules on data protection and confidentiality; points out that such a move would entail major legislative changes in some Member States and would be regarded with suspicion bythis is a sensitive matter to the public; notes, moreover, that there may well be legal problems in using information for a different purpose than the purpose for which it was collected;
Amendment 32 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Maintains that, if the proposal iwas disproportionate to the end sought, it could be open to abuse and could constitute a violation of the right to privacy;
Amendment 33 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that in any event, in the case of recalcitrant debtors, creditors will probably have to have recourse to inquiry agents and access to public registers will not be of much assistancemay have recourse to other means such as inquiry agents;
Amendment 36 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the idea of improved cooperation between public enforcement bodies may be worth exploring further, but points out that such bodies do not exist in all the Member States;
Amendment 37 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Takes the view that a debtor’s declaration can usefully form part of the procedure for enforcing a judgment, where it can be backed by sanctions under national law;
Amendment 38 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that there is no need for Community action in this area, although the Community could encourage Community should ensure that Member States which do not provide for debtor's declarations to make adequate provision in their legislation for effective instruments of this nature;
Amendment 44 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Argues that the assets to be disclosed in such a declaration should not be limited to those located in the European Union, but should extend to assets held worldwide in the proportion needed for the recovery of the debt;
Amendment 46 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that both in small cases, particularly where legal costs could otherwise be prohibitive, justice delayed is justice denied and that, in larger cases, it can beand larger cases the legal cost, the rapidity and the absence of information about assets which proves to be the greatestare the main obstacles; considers therefore that recourse to provisional measures orders can provide a neat solution in both types of cases;