7 Amendments of Giuseppe GARGANI related to 2007/2027(INI)
Amendment 3 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that Community law remains a dead letter if it is not properly applied in the Member States, including by national judges, who arethe European Community is a community based on the rule of law1, resting on the principles of separation of powers and of the necessary balance as regards exercise of institutional functions – administrative on the one hand and judicial on the other; considers, therefore, the keystone of the European Union judicial systemat national judges have a central and indispensable role to play in the establishment of a single European legal order, not least in the light of the recent decisions by the Community legislature2 to involve them more actively in, and accord them greater responsibility for, the implementation of Community law;
Amendment 4 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that languageknowledge of Community law is the main tool of practitioners of justice; considers that the current level of foreign language training for national judges limits not only possibilities for judicial cooperation on specific instruments, but also the development of mutual trust, proper use of the acte clair doctrine, and participation in exchange programmes; calls on all players involved in judicial training to give specific attention to the training of judges in foreign languages; 1 Court of Justice of the European Communities, judgment of 23 April 1986 in Case 294/83 ‘Les Verts’ v European Parliament [1986] ECR 1339 ff., paragraph 23. 2 Cf. Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty, OJ L 1, 4.1.2003, p. 1., but that proficiency in foreign languages is no less essential in order to bring about full and informed judicial cooperation between the different national legal systems and the Court of Justice proper; calls, therefore, on all players involved in judicial training to give specific attention to the training of judges in foreign languages;
Amendment 6 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that complete and up-to-date information on Community law is not available in a systematic and proper manner to many national judges, and that Community law is sometimes poorly represented in domestic official journals,not published in a clear and accessible form in domestic official journals and is not properly represented in codes, commentaries, periodicals and textbooks; calls on the Member States to renew efforts in this area;
Amendment 9 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the Commission’s commitment to publishing citizens’ summaries of Community legal acts, and considers that such non-legalistic summaries would also help legal practitioners to access relevant information more quickly;
Amendment 18 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers that national judges cannot adopt a passive attitude to Community law, only reacting to points raised by the parties, as appears from the Court of Justice’s case law on national courts raising Community law, as the Court of Justice’s case law has established3, national judges should no longer merely rule on exceptions or questions raised by the parties, but should also be entitled to raise such issues of their own motion2; 1 Cases C-312/93 Peterbroeck [1995] ECR I-4599, C-473/00 Cofidis [2002] ECR I-10875 and C-168/05 Mostaza Claro [2006] ECR I-10421. 2 Cases C-312/93 Peterbroeck [1995] ECR I-4599, C-473/00 Cofidis [2002] ECR I-10875 and C-168/05 Mostaza Claro [2006] ECR I-10421. 3 Cases C-312/93 Peterbroeck Van Campenhout & Cie v Belgian State [1995] ECR I-4599, C-473/00 Cofidis [2002] ECR I-10875 and C-168/05 Mostaza Claro [2006] ECR I-10421.considers in particular that constitutional courts should themselves request preliminary rulings and hence be allowed to seek the opinion of the Court of Justice on points of interpretation relating to the implications for Member States’ constitutions entailed in the Court’s own rulings;
Amendment 22 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Court of Justice to consider all possible improvements to the preliminary ruling procedure which would involve the referring judge more closely in its proceedings, including enhanced possibilities for clarifying the reference and participating in the oral procedurefor instance by requiring him to produce a reference document incorporating a detailed statement of reasons in support of the reference, which could, if the Court so stipulated, be enlarged upon by means of further explanations and details;
Amendment 23 #
Motion for a resolution
Paragraph 28
Paragraph 28