BETA

13 Amendments of Emma McCLARKIN related to 2011/2013(INI)

Amendment 2 #
Draft opinion
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,
2011/03/02
Committee: IMCO
Amendment 7 #
Draft opinion
Recital B
B. whereas a common European Contract Law would benefit consumers in particular, since they would be able to exploit the advantages of the internal market to the full,deleted
2011/03/02
Committee: IMCO
Amendment 26 #
Draft opinion
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;
2011/03/02
Committee: IMCO
Amendment 31 #
Draft opinion
Paragraph 2
2. Takes the view that the development of an optional European Contract Law could do much to improve the functioning of the internal market and that Parliament and the Council should have final responsibility for determining its legal form and scope;deleted
2011/03/02
Committee: IMCO
Amendment 41 #
Draft opinion
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;
2011/03/02
Committee: IMCO
Amendment 45 #
Draft opinion
Paragraph 4
4. Is convinced that a common European Contract Law would make the internal market more efficient without affecting Member States' national systems of contract law;deleted
2011/03/02
Committee: IMCO
Amendment 51 #
Draft opinion
Paragraph 5
5. Takes the view that Articles 114 and 169 or 352 of the Treaty on the Functioning of the European Union would constitute the appropriate legal basis for an instrument regulating business-to-business (B2B) and business- to-consumer (B2C) contracts;deleted
2011/03/02
Committee: IMCO
Amendment 55 #
Draft opinion
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;
2011/03/02
Committee: IMCO
Amendment 58 #
Draft opinion
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;
2011/03/02
Committee: IMCO
Amendment 63 #
Draft opinion
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;
2011/03/02
Committee: IMCO
Amendment 70 #
Draft opinion
Paragraph 9
9. Takes the view that the regulatory focus of a European Contract Law should be the principles underpinning contracts: in the case of consumer contracts, the focus should be on the law governing sales and, where appropriate, service and works contracts and the general provisions should contain rules on the definition of a contract, pre-contractual obligations, the procedures for concluding contracts, representation, grounds of nullity, the interpretation of contracts, the performance of contracts, rights and obligations, in particular warranty rights, under a contract, the right of withdrawal, termination, statutory limitation, etc.;deleted
2011/03/02
Committee: IMCO
Amendment 75 #
Draft opinion
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;
2011/03/02
Committee: IMCO
Amendment 80 #
Draft opinion
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;
2011/03/02
Committee: IMCO