Procedure completed
Role | Committee | Rapporteur | Shadows |
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Lead | JURI | LEHNE Klaus-Heiner (PPE-DE) |
Legal Basis RoP 132
Activites
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2002/06/13
Final act published in Official Journal
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2001/11/15
Decision by Parliament, 1st reading/single reading
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T5-0608/2001
summary
By approving the resolution by Mr Klaus-Heiner LEHNE (EPP-ED, D), the European Parliament adopts the Commission's communication on the approximation of the civil and commercial law of the Member States and urges the Commission to submit a detailed action plan in order to achieve this goal as soon as possible. The Parliament says that the approximation of the civil and commercial law of the Member States, which was given a new boost after the Tampere Council, is needed in order to ensure better coordination of existing Community legislation in that area and keep pace with the substantial increase in the number of cross-border economic and legal relationships which will inevitably result from the introduction of the euro in twelve Member States and the constant expansion of electronic commerce. According to Parliament, the Commission should take the following steps under this action plan: - by the end of 2004: compile a database in all Community languages of national legislation and case-law in the field of contract law, while at the same time promoting comparative law research in order to find common legal concepts and solutions; - from 2005: promote the dissemination of the results of comparative analyisis and common legal concepts and solutions in academic training and the legal professions, and guarantee the the consistent application of these results by all EU institutions professions involved in the legislative drafting; - from 2006: submit proposals for European legislation implementing these results in the areas of both cross-border and national contractual obligations; - from 2010: to establish and adopt a body of rules on contract law in the EU that takes account of the common legal concepts and solutions established under previous intiatives. The Parliament advocates setting up by the end of 2002 a 'European Legal Institute' in which legal policy-makers, the administrative authorities, the judiciary and those responsible for applying the law cooperate on a scientific basis in the drawing-up of the principles of the abovementioned reforms. Moreover, Parliament calls on the Commission to base its proposals on Article 95 of the EC Treaty, thereby ensuring the application of the codecision procedure, and to examine whether it might be more effective to use the instrument of the regulation for future single market legislation in order to achieve genuine unification. At the same time, however, it takes the view that directives which are not aimed at complete harmonisation of but pursue specific objectives such as consumer protection, product safety or product liability should continue to be drafted as directives. �
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T5-0608/2001
summary
- 2001/11/13 Debate in Parliament
- 2001/11/06 Vote in committee, 1st reading/single reading
- #2371
- 2001/09/27 Council Meeting
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2001/07/11
Non-legislative basic document published
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COM(2001)0398
summary
The purpose of this communication is to initiate an open, wide-ranging and detailed debate with the participation of the institutions of the European Community as well as of the general public, including businesses, consumer associations, academics and legal practitioners. The approximation of certain specific areas of contract law at EC level has covered an increasing number of issues. The EC legislator has followed a selective approach adopting directives on specific contracts or specific marketing techniques where a particular need for harmonisation was identified. At this stage, the European Commission is interested in gathering information on the need for farther-reaching EC action in the area of contract law. The Commission is seeking inforamtion as to whether problems result from divergences in contract law between Member States and if so, what. In particular, the Communication asks whether the proper functioning of the internal market may be hindered by problems in relation to the conclusion, interpretation and application of cross-border contracts. Also, the Commission is interested in whether different national contract laws discourage or increase the costs of cross-border transactions. The Communication also seeks view on whether the existing approach of sectoral harmonisation of contract law could lead to possible inconsistencies at EC level, or to problems of non-uniform implementation of EC law and applciation of national transposition measures. If concrete problems are identified, the Commission would also like to receive views on what forms of solutions should or could take. In order to assist in defining possible solutions, the Communication includes a non-exhaustive list of possible solutions. The areas concerned by this Communication include contracts of sale and all kind of service contracts, including financial services. General rules on performance, non-performance and remedies are an indispensable basis for these contracts and are therefore also covered. Additionality, rules on general issues such as the formation of a contract and its validity and interpretation are also essential. Furthermore, because of the economic context, rules on credit securities regarding movable goods as well as the law unjust enrichment may also be relevant. Lastly, the aspects of tort law linked to contracts and to its other features relevant to internal market should also be taken into consideration insofar as they are already part of existing EC law.�
- DG [{'url': 'http://ec.europa.eu/dgs/health_consumer/index_en.htm', 'title': 'Health and Consumers'}],
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COM(2001)0398
summary
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2000/04/14
Committee referral announced in Parliament, 1st reading/single reading
Documents
- Non-legislative basic document published: COM(2001)0398
- Debate in Council: 2371
- Committee report tabled for plenary, single reading: A5-0384/2001
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading/single reading: T5-0608/2001
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