13 Amendments of Emma McCLARKIN related to 2011/2013(INI)
Amendment 2 #
Draft opinion
Recital A
Recital A
A. wWhereas contract law is at the heart of all national rules governing the behaviour of businesses and consumers in their markets; whereas the internal market remains fragmented, owing to the existence of 27 different legal systems and the risks and costs inherent in cross- border transacthe Single Market remains fragmented, owing to many factors, including failure to implement existing Single Market legislations,
Amendment 7 #
Draft opinion
Recital B
Recital B
Amendment 26 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that a thorough impact assessment, which investigates all the policy options in the Green paper equally, including the possibility of taking no action, must be scrutinised in depth by the European Parliament and all associated committees before a recommendation is finally chosen and before work on the policy option begins;
Amendment 31 #
Draft opinion
Paragraph 2
Paragraph 2
Amendment 41 #
Draft opinion
Paragraph 3
Paragraph 3
3. Takes the view that the development of a European Contract Law should not be supported as it would constitutes an additional, separate system governing, extremely cross-border contracts, although the Member States should betly and highly complex legal system gioven the option of applying it to contracts concluded under their domestic law as wellrning cross-border contracts;
Amendment 45 #
Draft opinion
Paragraph 4
Paragraph 4
Amendment 51 #
Draft opinion
Paragraph 5
Paragraph 5
Amendment 55 #
Draft opinion
Paragraph 6
Paragraph 6
6. Notes that the contract law provisions governing B2B and B2C contracts respectively should be framed differently, out of respect for the shared traditions of national legal systems and in order to place special emphasis on the protection of the weaker contractual party, namely consumersStresses that the traditions of national legal systems must be respected;
Amendment 58 #
Draft opinion
Paragraph 7
Paragraph 7
7. Emphasises the particular importance of facilitating e-commerce in the EU, given that this sector is underdeveloped, as a result of differences between national contract law systems, and has rightly been identified by businesses and consumers as a potential motor for future growth;
Amendment 63 #
Draft opinion
Paragraph 8
Paragraph 8
8. Points out that individual components of consumer law applied to contract laws are already spread across various sets of European rules, so that it would make sense to consolidate them into a European Contract Law; points out, further, that these existing sets of rules illustrate the need for a clearly structured, uniform body of law which consumers can readily identify;
Amendment 70 #
Draft opinion
Paragraph 9
Paragraph 9
Amendment 75 #
Draft opinion
Paragraph 10
Paragraph 10
10. Is convinced that the law should be balanced,European consumers always prefer simple, clear, transparent and user-friendly and not employ vague legal terms, so that European consumers in particular can understand it, although due account should be taken of the potential interests of both (or all) parties to a given contractterms;
Amendment 80 #
Draft opinion
Paragraph 11
Paragraph 11
11. Points out that consumers must give their explicit consent to the application of the European law and that the relevant provisions must not be introduced implicitly, for example by means of standard form contractsretain the same level of consumer protection provided by their own Member State;