18 Amendments of Michael CASHMAN related to 2008/0122(COD)
Amendment 24 #
Proposal for a decision – amending act
Article 1 – point 1 – subpoint a – subpoint ii
Article 1 – point 1 – subpoint a – subpoint ii
Decision 2001/470/EC
Article 2 – paragraph 1 – point (e)
Article 2 – paragraph 1 – point (e)
'(e) where they wish to be members, professional associations representing at national level in the Member States lawyers, notaries, bailiffs and other legal practitioners directly involved in the application of Community and international instruments concerning judicial cooperation in civil and commercial matters.'
Amendment 25 #
Proposal for a decision – amending act
Article 1 – point 1 – subpoint b – subpoint i
Article 1 – point 1 – subpoint b – subpoint i
Decision 2001/470/EC
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
'Where a Member State designates several contact points, it shall designate a main contact point among them and shall ensure that appropriate coordination mechanisms apply between them. The person designated as sole contact point or as main contact point of a Member State shall perform only the contact point functions provided fensure that the specific responsibilities of each are notified to the Commission and that appropriate coor din this Decision to the exclusion of any other functions, in particular those referred to in paragraph 1(b), (c), (d) and (e)ation mechanisms apply between them.'
Amendment 27 #
Proposal for a decision – amending act
Article 1 – point 1 – subpoint b – subpoint ii
Article 1 – point 1 – subpoint b – subpoint ii
Decision 2001/470/EC
Article 2 – paragraph 1 – subparagraph 2 a
Article 2 – paragraph 1 – subparagraph 2 a
Amendment 29 #
Proposal for a decision – amending act
Article 1 – point 1 – subpoint c
Article 1 – point 1 – subpoint c
Decision 2001/470/EC
Article 2 – paragraph 3
Article 2 – paragraph 3
'3. The Member States shall identify the authorities referred to in points (b), (c) and (e) of paragraph 1. For the purposes of point 1(e), the Member States shall determine the most appropriate legal professions and, where there is more than one association representing a legal profession in a Member State, it shall be the responsibility of that Member State to provide for appropriate representation of that profession on the Network.'
Amendment 31 #
Proposal for a decision – amending act
Article 1 – point 1 – subpoint d a (new)
Article 1 – point 1 – subpoint d a (new)
Decision 2001/470/EC
Article 2 – paragraph 5 – point c
Article 2 – paragraph 5 – point c
(da) Paragraph 5, point (c) shall be replaced by the following: '(c) where appropriate, their specific functions in the Network, including, where there is more than one contact point, their specific responsibilities.
Amendment 32 #
Proposal for a decision – amending act
Article 1 – point 2 – subpoint a
Article 1 – point 2 – subpoint a
Decision 2001/470/EC
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
'(b) facilitating the effective access of the public to justice, in particular through measures providing information on the working of Community and international instruments concerning judicial cooperation in civil and commercial matters. Although the Network has an obligation to provide information to the public on Community and international instruments, this does not impose an obligation on Member States to allow the public direct access to the contact points. The main source of information is the Network’s website but Member States are free to provide additional information. It is for those Member States to decide how such information should be provided.'
Amendment 36 #
Proposal for a decision – amending act
Article 1 – point 3 – subpoint a
Article 1 – point 3 – subpoint a
Decision 2001/470/EC
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
'TIn accordance with rules to be determined by each Member State the contact points shall also be at the disposal of the local judicial authorities in their own Member State and the authorities referred to in Article 2(1)(e) for the same purposes, in accordance with rules to be determined by each Member State, on general matters regarding the application of Community and international instruments, to the authorities referred to in Article 2(1)(e). Only those members of the Network designated by the Member States under Article 2(1)(a) to (d) can raise queries on specific cases with the contact points.'
Amendment 37 #
Proposal for a decision – amending act
Article 1 – point 3 – subpoint b – subpoint i
Article 1 – point 3 – subpoint b – subpoint i
Decision 2001/470/EC
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
'(a) supply the other contact points, the authorities mentioned in Article 2(1)(b), (c), (d) and (e) and the local judicial authorities in their own Member State with all the information needed for sound judicial cooperation between the Member States in accordance withliaise with the professional associations of legal practitioners identified in Article 3,2(3) in order to assist them in preparing operable requests for judicial cooperation and in establishing the most appropriate direct contacts; in particular, supply any information to facilitate application of the law of another Member State that is applicable to the dispute or situation under aprovide information on, and share general experience of, the working of Community orand international instrument. To this end, the contact point to which such a request is addressed may draw on the support of any of the other authorities in its Member State referred to in Article 2 in order to supply the information requested. The information contained in the reply shall not be binding on the contact point, the authorities consulted or the authority which made the requests concerning judicial cooperation in civil and commercial matters.'
Amendment 38 #
Proposal for a decision – amending act
Article 1 – point 3 – subpoint b – subpoint ii
Article 1 – point 3 – subpoint b – subpoint ii
Decision 2001/470/EC
Article 5 – paragraph 2 – point c a
Article 5 – paragraph 2 – point c a
Amendment 44 #
Proposal for a decision – amending act
Article 1 – point 3 – subpoint b – subpoint ii d (new)
Article 1 – point 3 – subpoint b – subpoint ii d (new)
Decision 2001/470/EC
Article 5 – paragraph 2 – point (e)
Article 5 – paragraph 2 – point (e)
(iid) point (e) is replaced by the following: '(e) assist with the preparation and updating of the information referred to in Title III, and in particular with the information system for the public, in accordance with the rules laid down in that Title, by providing information on the domestic law of the Member States through the website of the Network.'
Amendment 46 #
Proposal for a decision – amending act
Article 1 – point 4 – subpoint -i (new)
Article 1 – point 4 – subpoint -i (new)
Decision 2001/470/EC
Article 6 – subparagraph 2
Article 6 – subparagraph 2
(-i) In article 6, subparagraph 2 is replaced by the following: '2. In each Member State the authorities provided for by Community or international instruments relating to judicial cooperation in civil and commercial matters and the contact points of the Network shall engage in regular exchanges of views and contacts including, where necessary, meetings to ensure that their respective experience is disseminated as widely as possible.'
Amendment 50 #
Proposal for a decision – amending act
Article 1 – point 5
Article 1 – point 5
Decision 2001/470/EC
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The contact points shall respond to all requests submitted to them without delay and at the latest within tenfifteen working days of receipt thereof. If a contact point cannot reply to a request within tenfifteen working days of receipt thereof, it shall inform the requester briefly of this fact, indicating how long it considers it will need to reply.
Amendment 53 #
Proposal for a decision – amending act
Article 1 – point 5
Article 1 – point 5
Decision 2001/470/EC
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Commission shall keep a secure, limited-access electronic register of the requests for judicial cooperation and replies referred to in Article 5(2)(a), (b), (c) and (c)a and Article 13ahrough the Network. The contact points shall ensure that the information necessary for the establishment and operation of this system is supplied regularly to the Commission.
Amendment 54 #
Proposal for a decision – amending act
Article 1 – point 7
Article 1 – point 7
Decision 2001/470/EC
Article 11 a – paragraph 2
Article 11 a – paragraph 2
2. The accession countries and candidate countries may be invited to attend these meetings as observers. Third countries that are party to the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters signed at Lugano on 30 October 2007 may alsinternational instruments concluded by the European Community in civil and commercial matters may also be invited to attend certain Network meetings as observers.
Amendment 57 #
Proposal for a decision – amending act
Article 1 – point 8
Article 1 – point 8
Decision 2001/470/EC
Article 12 a – paragraph 2
Article 12 a – paragraph 2
2. The Network shall maintain relations with the European Consumer Centres Network (ECC Net). In particular, in order to supply any general information on the working of Community and international instruments necessary to facilitate consumer access to justice, the contact points of the European Judicial Network in civil and commercial matters shall be at the disposal of the contact pointmembers of ECC Net.
Amendment 58 #
Proposal for a decision – amending act
Article 1 – point 9
Article 1 – point 9
Decision 2001/470/EC
Title III - Heading
Title III - Heading
Information available within the Network, and information provided tosystem for the public'
Amendment 59 #
Proposal for a decision – amending act
Article 1 – point 11
Article 1 – point 11
Decision 2001/470/EC
Article 13 a
Article 13 a
Amendment 66 #
Proposal for a decision – amending act
Article 1 – point 13
Article 1 – point 13
Decision 2001/470/EC
Article 19
Article 19
No later than [...] [threfive years after the date of application of this Decision], and every three years thereafter, the Commission shall present to the European Parliament, the Council and the Economic and Social Committee a report on the activities of the Network. This report shall be accompanied, if need be, by proposals for adaptations.