Activities of Luigi BERLINGUER related to 2010/2080(INI)
Plenary speeches (1)
Civil, commercial, family and private international law aspects of the action plan implementing the Stockholm Programme (A7-0252/2010, Luigi Berlinguer) (vote)
Reports (1)
REPORT Report on civil law, commercial law, family law and private international law aspects of the Action Plan Implementing the Stockholm Programme PDF (208 KB) DOC (136 KB)
Amendments (6)
Amendment 8 #
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; whereas the ability to comprehend and manage our differenceexplicit and conceptual divergence as between legal systems is not in itself problematic; whereas, however, it is necessary to address the adverse legal consequences for citizens arising from this divergence; whereas the concept of regulatory emulation, or a "bottom up" approach to convergence, should be applied through the encouragement of economic and intellectual communication between different legal systems; whereas the ability to comprehend and manage the differences between our legal systems 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 176 June 2010; whereas although this will take time, it is necessary to reflect on it and plan for it now,
Amendment 10 #
Motion for a resolution
Recital Ha (new)
Recital Ha (new)
Ha. whereas, in the meantime, greater dialogue and professional contact should be encouraged and promoted at European level in order to enable changes in teaching and programmes to be determined according to the needs of practitioners, their clients and the market as a whole; whereas the Commission’s forthcoming communication on an Action Plan on European training for all legal professions should take account of the different teaching traditions and methods and also the different needs of practitioners operating in different geographical or practice areas, while fostering the exchange of best practices,
Amendment 11 #
Motion for a resolution
Recital I
Recital I
I.. whereas it is vital not to leave practitioners out of account in building a European judicial culture; whereas although it is self-evident that Member States and national professional bodies maintain responsibility for determining the most appropriate training to address the needs of lawyers and their clients in each Member State in accordance with the principle of subsidiarity and that the national professional bodies are best placed to identify those needs because they are closer to the practitioners and the market in which they operate, those bodies have a vital role to play at European level; whereas it is essential to involve and draw upon existing structures, particularly the universities and the professional organisations; whereas there is need for a root and branch revision of judicial training and practitioner training and university syllabuses; whereas it is essential to initiate serious reflection on how the Union may effectively assist this and encourage the competent national authorities to accept ownership of this project,
Amendment 21 #
Motion for a resolution
Paragraph 7a (new)
Paragraph 7a (new)
7a. Considers that the Commission should support the ongoing effective dialogue and communication that take place between European legal professional bodies at the Council of Bars and Law Societies of Europe (CCBE); believes that this could be used as a basis from which to establish further cross-border training initiatives of professional bodies in partnership with other European stakeholders, such as the Academy of European Law (ERA);
Amendment 23 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Bearing in mind that education and training is primarily a Member State competence, calls on the Commission to initiate a dialogue with all those responsible for legal education with a view to achieving these aims; recommends also that in futurethe longer term lawyers should be required to have a working knowledge of at least one other Union language; considers that this aim could be fostered immediately through greater funding and encouragement for students to undertake ERASMUS-style schemes as part of their legal studies;
Amendment 25 #
Motion for a resolution
Paragraph 9a (new)
Paragraph 9a (new)
9a. Considers that, especially at the stage of the drafting of Union legislation in the field of, in particular, civil and family law, room should be created for national and Union judges to have a say on the purely technical aspects of proposed measures in order to ensure that the future legislation may be implemented and applied with a minimum of difficulty by national judges; takes the view that this could also assist in create further contacts between judges, thus opening up new channels of communication; positively welcomes input from national judiciaries in the course of legislative procedures;