17 Amendments of Raffaele BALDASSARRE related to 2010/2080(INI)
Amendment 2 #
Motion for a resolution
Recital D
Recital D
D. whereas in the face of this ambitious plan and the huge achievements already made by the EU in this field, it is time to stand back and reflect on what we are doing in the field of civil law with a view primarily to adopting a more strategic and less fragmented approach based on the real needs of citizens and businesses when exercising their rights and freedoms in the single market, and taking account of the difficulties of legislating in an area of shared competence where harmonisation is only infrequently an option and there is a need to accommodate radically different legal approaches, but also to conceptualising the Union's approach to this area in order better to understand what we are seeking to accomplish and how best to tackle the problems that have to be confronted, as part of an overall plan; whereas it is essential to focus in the first place on ensuring the functionality of the measures that have already been put in place and consolidating the progress that has already been made,
Amendment 5 #
Motion for a resolution
Recital F
Recital F
F. whereas, next, there is harmonisation or approximation which lends itself to certain areas where standardisation is desirable, if not essential – e.g. in the area of consumer protection, but recourse to which is limited in the AFJS; secondly, there are forward- looking projects such as the CFR which aim at achieving common legal concepts and could be of great assistance, for instance, in the case of contracts concluded via the internet; consideration should also be given to the so-called optional 28th regime as an alternative to the traditional way of harmonising legislation in specific areas,
Amendment 7 #
Motion for a resolution
Recital Fa (new)
Recital Fa (new)
Fa. whereas drafting a European Contract Law will be one of the most important initiatives for the AFSJ in the coming years and may result in a so- called optional 28th civil law regime as an alternative to the traditional way of harmonising legislation in specific areas,
Amendment 9 #
Motion for a resolution
Recital H
Recital H
H. whereas the co-existence of different legal systems within the Union should be seen as a strength, not a weakness: after all, its two great legal families have been adopted by or served as an inspiration for legal systems all over the world which served as an inspiration for legal systems all over the world; however, divergences between legal systems should not constitute a barrier for the further development of European law; whereas the ability to comprehend and manage our differences can only come from a European judicial culture which needs to be nurtured through the sharing of knowledge and communication, the study of comparative law and by a radical shift in the way law is taught in the universities and judges participate in their training and professional development, as explained in Parliament's resolution of 17 June 2010, including additional efforts in order to overcome linguistic barriers,
Amendment 12 #
Motion for a resolution
Recital J
Recital J
Amendment 13 #
Motion for a resolution
Recital K
Recital K
Amendment 16 #
Motion for a resolution
Recital Ma (new)
Recital Ma (new)
Ma. whereas the Commission must make sure that the Stockholm Action Plan truly reflects the needs of individual citizens and business, particularly small and medium-sized enterprises, for more Europe (in respect of mobility, employment rights, the needs of business, equal opportunities) while promoting legal certainty and access to rapid and efficient justice,
Amendment 17 #
Motion for a resolution
Recital Mb (new)
Recital Mb (new)
Mb. whereas in this context ever - increasing attention must be paid to simplifying the machinery of justice and the judicial system and securing clearer and more accessible procedures bearing in mind the need to save costs, particularly in the present economic climate,
Amendment 18 #
Motion for a resolution
Recital Mc (new)
Recital Mc (new)
Mc. whereas no EU measure relating to judicial cooperation in the area of civil law and, in particular, family law where there are transnational implications should exert direct, or even indirect, influence on Member States' powers to define and regulate marriage,
Amendment 19 #
Motion for a resolution
Recital Md (new)
Recital Md (new)
Md. whereas the emphasis laid on free choice by the parties in recent EU initiatives on the sensitive issue of family law with transnational implications entails the risk, unless clear restrictions are applied, of opening the door to the unacceptable practice of 'jurisdiction shopping,
Amendment 20 #
Motion for a resolution
Paragraph 2a (new)
Paragraph 2a (new)
2a. Calls on the Commission to take stock as a matter of urgency, by means of an ex post impact assessment, of the measures which have already been adopted in the field of civil and family law with a view to appraising their effectiveness and ascertaining to what extent they have proved successful in achieving their aims and satisfying the needs of citizens, business and practitioners; considers that at the same time a survey should be carried out covering in particular national Ministries of Justice, the legal professions, the business community and consumer organisations, in order to ascertain in what areas new measures in the field of judicial cooperation in civil matters are necessary and desirable;
Amendment 24 #
Motion for a resolution
Paragraph 9a (new)
Paragraph 9a (new)
9a. Bearing in mind the ambitious goal of the Stockholm programme to offer European training schemes to half of the judges, prosecutors, judicial staff and other professionals involved in European cooperation before 2014, and its call that for this purpose the existing training institutions in particular should be used, calls for the creation without delay of a European Judicial Academy composed of the European Judicial Training Network and the Academy of European Law to provide such training schemes in the necessary dimension;
Amendment 28 #
Motion for a resolution
Paragraph 10a (new)
Paragraph 10a (new)
10a. Welcomes the Green Paper of 1 July 2010 on policy options for progress towards a European Contract Law for consumers and businesses[1] and supports the Commission's ambitious initiative towards a European contract law instrument, that can be applied voluntarily by contracting parties; [1] COM(2010)348 final.
Amendment 31 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. ObservesWelcomes the fact that the Action Plan proposes a legislative initiative for a regulation on improving the efficiency of the enforcement of judgments concerning the transparency of debtors' assets and a similar regulation concerning the attachment of bank accounts; however, stresses the complementary nature of both proposals which should be brought forward as soon as possible;
Amendment 33 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. ConsiderStresses that this area is equallyhas important for debtors for whom the financial and reputational consequences of enforcement orders can be serious and whose fundamental rights under Articles 6 and 8 ECHR are likely to be affected; to this extent encourages a preventive recourse to alternative dispute resolution mechanisms;
Amendment 35 #
Motion for a resolution
Paragraph 14a (new)
Paragraph 14a (new)
14a. Draws the Commission's attention in the field of company law as it is affected by private international law, to Parliament's resolutions of 10 March 2009 with recommendations to the Commission on the cross-border transfer of the registered office of a company (2008/2196(INI), 4 July 2006 on recent developments and prospects in relation to company law, and 25 October 2007 on the European Private Company and the Fourteenth Company Law Directive on the transfer of the company seat, and to the judgments of the Court of Justice in Daily Mail and General Trust, Centros, Überseering, Inspire Art, SEVIC Systems, and Cartesio;
Amendment 38 #
Motion for a resolution
Paragraph 14b (new)
Paragraph 14b (new)
14b. Notes that the dictum in Cartesio to the effect that, in the absence of a uniform Union law definition of the companies which may enjoy the right of establishment on the basis of a single connecting factor determining the national law applicable to a company, the question whether Article 49 TFEU applies to a company which seeks to rely on the fundamental freedom enshrined in that article is a preliminary matter which, as Union law now stands, can only be resolved by the applicable national law; further notes that the developments in the field of company law envisaged in the Treaty, as pursued by means of legislation and agreements, have not as yet addressed the differences between the legislation of the various Member States and, accordingly, have not yet eradicated those differences; observes that this evidences a lacuna in Union law; reiterates its call for this lacuna to be remedied;