2008/2124(INI) | [ParlTrack]

Procedure completed

2008/2124(INI) European Authentic Act

Role	Committee	Rapporteur	Shadows
Lead	JURI	MEDINA ORTEGA Manuel (PSE)

Lead committee dossier: JURI/6/62871
Legal Basis RoP 042

Subjects

Links

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2008/12/18 Text adopted by Parliament, single reading
- T6-0636/2008 summary
  
  The European Parliament adopted by 478 votes to 26 with 42 abstentions, a resolution containing recommendations to the Commission on the European Authentic Act (Initiative - Rule 39 of the Rules of Procedure). The own-initiative report had been tabled for consideration in plenary by Manuel MEDINA ORTEGA (PES, ES) on behalf of the Committee on Legal Affairs. The resolution notes that there is a steady increase in the movement of citizens within the European Union and that, as a consequence, legal situations concerning two or more Member States are on the increase. In its Communication on the Hague Programme, the Commission singled out, as one of its priorities, the need to guarantee an effective European area of civil justice, not least as regards the recognition and enforcement of judicial decisions. The Commission recognised that in the field of civil justice one key aspect that needs to be addressed is the recognition of public documents and that, in this respect, there is an urgent need to promote the recognition and enforcement of authentic acts. MEPs consider that the creation of a genuine European legal area is based, in the field of litigation, on the cross-border recognition of legal decisions made by a court or administrative authority and, in non-judicial matters, on the cross-border recognition of authentic acts drawn up or registered by a judicial authority or by public officials appointed to authenticate legal acts. The sectoral and inconsistent approach taken by Community legislation in this field is not satisfactory. In this context, MEPs consider that mutual trust in the field of law within the Community justifies the future abolition of procedures for checking the accuracy of authentic acts in cross-border matters. They consider that this recognition of an authentic act for the purpose of its use in the requested Member State can only be refused in the case of serious and substantiated doubts as to its authenticity, or if recognition is contrary to public policy in the Member State requested. As a consequence, Parliament requests the Commission to submit to the European Parliament, on the basis of Article 65(a) and the second indent of Article 67(5) of the EC Treaty, a legislative proposal on establishing the mutual recognition and enforcement of authentic acts. The resolution stresses that recognition may not result in giving a foreign act greater effect than a national act would have. The Regulation requested shall apply to all authentic acts on civil and commercial matters except those that relate to property and should or may be subject to entry or mention in a public register. It should not apply either to matters relating to the law applicable to the subject of the authentic act or to questions relating to the competence, organisation and structure of public authorities and officials, including the authentication procedure.
- Results of vote in Parliament
2008/12/18 Commission response to text adopted in plenary
- SP(2009)988
- DG Secretariat General, BARROSO José Manuel
2008/11/19 Committee report tabled for plenary, single reading
- A6-0451/2008
2008/11/19 Committee report tabled for plenary, single reading
- A6-0451/2008
2008/11/04 Vote in committee, 1st reading/single reading
2008/09/19 Committee draft report
- PE412.249
2008/05/22 Committee referral announced in Parliament, 1st reading/single reading

Documents

Committee draft report: PE412.249
Committee report tabled for plenary, single reading: A6-0451/2008
Committee report tabled for plenary, single reading: A6-0451/2008
Decision by Parliament, 1st reading/single reading: T6-0636/2008
Results of vote in Parliament: Results of vote in Parliament
Commission response to text adopted in plenary: SP(2009)988

Amendments	Dossier
16	2008/2124(INI) 2008/10/16 JURI 16 amendments... Amendment 1 # Diana WALLIS Motion for a resolution Recital D D. whereas, in its aforesaid Communication on the Hague Programme, the Commission recognised that in the field of civil justice one key aspect that needs to be addressed is the recognition of public documents; whereas, in this respect, there is an urgent need to promote the recognition and enforcement of authentic acts, as defined in the Unibank judgment; whereas, having regard to the different legal systems in the European Union, it is important to ensure that, in addition to authentic acts, agreements between the parties that are enforceable in the Member State in which they were concluded are recognised and declared enforceable under the same conditions as judgments, Amendment 10 # Diana WALLIS Motion for a resolution Paragraph 2 2. Requests the Commission to submit to Parliament, on the basis of Article 65(a) and the second indent of Article 67(5) of the EC Treaty, a legislative proposal on establishing the mutual recognition and enforcement of authentic acts and analogous formal legal documents; Amendment 11 # Diana WALLIS Motion for a resolution Paragraph 3 3. Stresses that recognition may not result in giving a foreign act greater effect than a national act would have, but insists that the act must enjoy the legal effects intended by the applicable law under which it was drawn up; Amendment 12 # Diana WALLIS Motion for a resolution Paragraph 4 4. Asks that this Regulation apply to all authentic acts and analogous formal legal documents on civil and commercial matters except those that relate to property and should or may be subject to entry or mention in a public register; Amendment 13 # Neena GILL Motion for a resolution Paragraph 4 4. Asks that this Regulation apply to all authentic acts on civil and commercial matters except those that relate to property and should or may be subject to entry or mention in a public register, provided that nothing in this Regulation shall permit the recognition of notarial acts by common-law jurisdictions to operate so as to effect a direct transmission of property rights in any of the assets comprised in the estates of deceased persons or otherwise prejudice the integrity of the procedures adopted in such jurisdictions relating to the administration of such estates; Amendment 14 # Neena GILL Motion for a resolution Paragraph 4 a (new) 4a. Specifies that this Regulation should not apply in common-law or Nordic jurisdictions to the extent that to do so would interfere with the operation of the national law on the granting of probate or the administration of estates; Amendment 15 # Diana WALLIS Motion for a resolution Paragraph 4 a (new) 4a. Suggests that careful consideration be given as to the future recognition of authentic acts and analogous legal documents in the area of property, given the growing level of personal mobility within the European Union and incidents of cross-border property and inheritance; Amendment 16 # Diana WALLIS Motion for a resolution Paragraph 5 5. Specifies that this Regulation should not apply either to ~~either to~~ matters relating to the law applicable to the subject of the authentic act or analogous formal legal document or to questions relating to the competence, organisation and structure of public authorities and officials, including the authentication procedure; Amendment 2 # Jean-Paul GAUZÈS Motion for a resolution Recital J ~~J. whereas the existing regulations on the mutual recognition of legal decisions apply to authentic acts when these emanate from the public authorities,~~(Does not affect English version.) Amendment 3 # Jean-Paul GAUZÈS Motion for a resolution Recital G G. whereas businesses have more and more ~~branche~~establishments abroad and intra- Community activities that result in the greater movement of authentic acts relating to the setting up and operation of these businesses, Amendment 4 # Diana WALLIS Motion for a resolution Recital L L. whereas the prerequisite for the probative value of an authentic act is recognition of its authenticity, in that it emanates from a public official or professional adviser vested with the power to draw up authentic acts or any analogous formal legal documents which record a legal fact or act or from a public authority; whereas mutual trust in the legal systems of the Member States justifies making authenticity verification procedures only applicable in future when serious doubts arise as to the veracity of the document, Amendment 5 # Jean-Paul GAUZÈS Motion for a resolution Recital N N. whereas differences in the structure and organisation of public registry systems in the field of property ownership, as well as differences concerning the nature and scale of the public confidence placed in them, mean that the ~~field of~~transfer of immovable property ~~law~~rights has to be excluded from a future Community instrument, given the close correlation between the method of drawing up an authentic act and entry into the public register, Amendment 6 # Jean-Paul GAUZÈS Motion for a resolution Recital P P. whereas the institution of the authentic act does not exist in common-law systems, in particular the law of England and Wales, or in Nordic countries; whereas although in England and Wales there exist solicitors who act as notaries public and the profession of scrivener notaries, those lawyers cannot produce authentic acts, but merely certify signatures, and accordingly, in adopting any legislation on European authentic acts, action should be taken to ensure that no confusion can arise in this respect; whereas, in turn, every precaution should be taken to ensure that authentic acts cannot be used in countries where such acts cannot be made by nationals of those countries in order to circumvent procedures prescribed by the those countries' legal systems (e.g. grant of probate); whereas, in addition, in order to raise awareness among legal professionals in those Member States where authentic acts do not exist, a suitable information campaign should be initiated by the Commission and every effort should be made to ensure that common-law legal professionals are aware of the work done by civil-law ~~notarie~~public officials and of the potential advantages for their clients – in terms of, in particular, legal certainty – of using authentic acts in transactions which they are proposing to conclude in those countries where that instrument is used; whereas this underscores a need often expressed by Parliament's Committee on Legal Affairs for trans-European networks of legal practitioners, information campaigns and material and common training, which the Commission is called upon to promote, Amendment 7 # Diana WALLIS Motion for a resolution Recital P P. whereas the institution of the authentic act does not exist in common-law systems, in particular the ~~law~~jurisdiction of England and Wales, or in Nordic countries; whereas although in England and Wales ~~there exist~~ solicitors ~~who~~ act as notaries public and the profession of scrivener notaries~~, those lawyers cannot~~ exists, rather than produceing authentic acts~~, but merely~~ those legal professionals have powers to certify that a signature~~s, and accordingly, in adopting any legislation on European authentic acts, action should be taken to ensure that no confusion can arise in this respect~~ is genuine or that the copy is identical to the original; whereas having regard to the different legal systems in the European Union and to ensuring equality between the exercise of legal professions in each Member State it is important to refer to Article 46 of Regulation No 2201/2003 (Brussels II bis)1, which states that “documents which have been formally drawn up or registered as authentic instruments and are enforceable in one Member State and also agreements between the parties that are enforceable in the Member State in which they were concluded shall be recognised and declared enforceable under the same conditions as judgments”; whereas, in turn, every precaution should be taken to ensure that authentic acts cannot be used in countries where such acts cannot be made by nationals of those countries in order to circumvent procedures prescribed by the those countries' legal systems (e.g. grant of probate); whereas, in addition, in order to raise awareness among legal professionals in those Member States ~~where authentic acts do not exist~~, a suitable information campaign should be initiated by the Commission ~~and every effort should be made to ensure that common-law~~to facilitate an information exchange between the different legal professionals are aware of the work done by civil-law notaries and of the potential advantages for their clients – in terms of, in particular, legal certainty – of using authentic acts in transactions which they are proposing to conclude in those countries where that instrument is usedimed at encouraging an understanding of the types of legal instruments that exist in addition to a formal court judgment; whereas this underscores a need often expressed by Parliament's Committee on Legal Affairs for trans-European networks of legal practitioners, information campaigns and material and common training, which the Commission is called upon to promote, 1 Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (OJ L 338, 23.12.2003, p. 1).Or. en Amendment 8 # Neena GILL Motion for a resolution Recital Q a (new) Qa. whereas notarial acts are not a familiar feature of common-law jurisdictions and accordingly the recognition of notarial acts by common- law jurisdictions would not involve the reciprocal recognition by civil law jurisdictions of deeds or other instruments having like effect to notarial acts; whereas the law relating to the administration of the estates of deceased persons in common-law jurisdictions requires that the assets of such persons vest in personal representatives whose status as such is confirmed by order of the court and whereas it is accordingly essential that the recognition of notarial acts should not operate so as to effect a direct transmission of property rights in any of the assets comprised in the estate of a deceased person or otherwise prejudice the integrity of the procedures adopted in common-law jurisdictions for the administration of such estates, Amendment 9 # Diana WALLIS Motion for a resolution Paragraph 1 1. Considers that mutual trust in the field of law within the Community justifies the future abolition of procedures for checking the accuracy of authentic acts or any analogous formal legal documents which record a legal fact or act in cross- border matters; considers that this recognition of an authentic act or analogous legal document for the purpose of its use in the requested Member State can only be refused in the case of serious and substantiated doubts as to its authenticity, or if recognition is contrary to public policy in the Member State requested; source: PE-414.347

Amendments

Dossier

2008/2124(INI)

2008/10/16 JURI 16 amendments...

Amendment 1 #

Diana WALLIS

Motion for a resolution
Recital D

D. whereas, in its aforesaid Communication on the Hague Programme, the Commission recognised that in the field of civil justice one key aspect that needs to be addressed is the recognition of public documents; whereas, in this respect, there is an urgent need to promote the recognition and enforcement of authentic acts, as defined in the Unibank judgment; whereas, having regard to the different legal systems in the European Union, it is important to ensure that, in addition to authentic acts, agreements between the parties that are enforceable in the Member State in which they were concluded are recognised and declared enforceable under the same conditions as judgments,

Amendment 10 #

Diana WALLIS

Motion for a resolution
Paragraph 2

2. Requests the Commission to submit to Parliament, on the basis of Article 65(a) and the second indent of Article 67(5) of the EC Treaty, a legislative proposal on establishing the mutual recognition and enforcement of authentic acts and analogous formal legal documents;

Amendment 11 #

Diana WALLIS

Motion for a resolution
Paragraph 3

3. Stresses that recognition may not result in giving a foreign act greater effect than a national act would have, but insists that the act must enjoy the legal effects intended by the applicable law under which it was drawn up;

Amendment 12 #

Diana WALLIS

Motion for a resolution
Paragraph 4

4. Asks that this Regulation apply to all authentic acts and analogous formal legal documents on civil and commercial matters except those that relate to property and should or may be subject to entry or mention in a public register;

Amendment 13 #

Neena GILL

Motion for a resolution
Paragraph 4

4. Asks that this Regulation apply to all authentic acts on civil and commercial matters except those that relate to property and should or may be subject to entry or mention in a public register, provided that nothing in this Regulation shall permit the recognition of notarial acts by common-law jurisdictions to operate so as to effect a direct transmission of property rights in any of the assets comprised in the estates of deceased persons or otherwise prejudice the integrity of the procedures adopted in such jurisdictions relating to the administration of such estates;

Amendment 14 #

Neena GILL

Motion for a resolution
Paragraph 4 a (new)

4a. Specifies that this Regulation should not apply in common-law or Nordic jurisdictions to the extent that to do so would interfere with the operation of the national law on the granting of probate or the administration of estates;

Amendment 15 #

Diana WALLIS

Motion for a resolution
Paragraph 4 a (new)

4a. Suggests that careful consideration be given as to the future recognition of authentic acts and analogous legal documents in the area of property, given the growing level of personal mobility within the European Union and incidents of cross-border property and inheritance;

Amendment 16 #

Diana WALLIS

Motion for a resolution
Paragraph 5

5. Specifies that this Regulation should not apply either to ~~either to~~ matters relating to the law applicable to the subject of the authentic act or analogous formal legal document or to questions relating to the competence, organisation and structure of public authorities and officials, including the authentication procedure;

Amendment 2 #

Jean-Paul GAUZÈS

Motion for a resolution
Recital J

~~J. whereas the existing regulations on the mutual recognition of legal decisions apply to authentic acts when these emanate from the public authorities,~~(Does not affect English version.)

Amendment 3 #

Jean-Paul GAUZÈS

Motion for a resolution
Recital G

G. whereas businesses have more and more ~~branche~~establishments abroad and intra- Community activities that result in the greater movement of authentic acts relating to the setting up and operation of these businesses,

Amendment 4 #

Diana WALLIS

Motion for a resolution
Recital L

L. whereas the prerequisite for the probative value of an authentic act is recognition of its authenticity, in that it emanates from a public official or professional adviser vested with the power to draw up authentic acts or any analogous formal legal documents which record a legal fact or act or from a public authority; whereas mutual trust in the legal systems of the Member States justifies making authenticity verification procedures only applicable in future when serious doubts arise as to the veracity of the document,

Amendment 5 #

Jean-Paul GAUZÈS

Motion for a resolution
Recital N

N. whereas differences in the structure and organisation of public registry systems in the field of property ownership, as well as differences concerning the nature and scale of the public confidence placed in them, mean that the ~~field of~~transfer of immovable property ~~law~~rights has to be excluded from a future Community instrument, given the close correlation between the method of drawing up an authentic act and entry into the public register,

Amendment 6 #

Jean-Paul GAUZÈS

Motion for a resolution
Recital P

P. whereas the institution of the authentic act does not exist in common-law systems, in particular the law of England and Wales, or in Nordic countries; whereas although in England and Wales there exist solicitors who act as notaries public and the profession of scrivener notaries, those lawyers cannot produce authentic acts, but merely certify signatures, and accordingly, in adopting any legislation on European authentic acts, action should be taken to ensure that no confusion can arise in this respect; whereas, in turn, every precaution should be taken to ensure that authentic acts cannot be used in countries where such acts cannot be made by nationals of those countries in order to circumvent procedures prescribed by the those countries' legal systems (e.g. grant of probate); whereas, in addition, in order to raise awareness among legal professionals in those Member States where authentic acts do not exist, a suitable information campaign should be initiated by the Commission and every effort should be made to ensure that common-law legal professionals are aware of the work done by civil-law ~~notarie~~public officials and of the potential advantages for their clients – in terms of, in particular, legal certainty – of using authentic acts in transactions which they are proposing to conclude in those countries where that instrument is used; whereas this underscores a need often expressed by Parliament's Committee on Legal Affairs for trans-European networks of legal practitioners, information campaigns and material and common training, which the Commission is called upon to promote,

Amendment 7 #

Diana WALLIS

Motion for a resolution
Recital P

P. whereas the institution of the authentic act does not exist in common-law systems, in particular the ~~law~~jurisdiction of England and Wales, or in Nordic countries; whereas although in England and Wales ~~there exist~~ solicitors ~~who~~ act as notaries public and the profession of scrivener notaries~~, those lawyers cannot~~ exists, rather than produceing authentic acts~~, but merely~~ those legal professionals have powers to certify that a signature~~s, and accordingly, in adopting any legislation on European authentic acts, action should be taken to ensure that no confusion can arise in this respect~~ is genuine or that the copy is identical to the original; whereas having regard to the different legal systems in the European Union and to ensuring equality between the exercise of legal professions in each Member State it is important to refer to Article 46 of Regulation No 2201/2003 (Brussels II bis)1, which states that “documents which have been formally drawn up or registered as authentic instruments and are enforceable in one Member State and also agreements between the parties that are enforceable in the Member State in which they were concluded shall be recognised and declared enforceable under the same conditions as judgments”; whereas, in turn, every precaution should be taken to ensure that authentic acts cannot be used in countries where such acts cannot be made by nationals of those countries in order to circumvent procedures prescribed by the those countries' legal systems (e.g. grant of probate); whereas, in addition, in order to raise awareness among legal professionals in those Member States ~~where authentic acts do not exist~~, a suitable information campaign should be initiated by the Commission ~~and every effort should be made to ensure that common-law~~to facilitate an information exchange between the different legal professionals are aware of the work done by civil-law notaries and of the potential advantages for their clients – in terms of, in particular, legal certainty – of using authentic acts in transactions which they are proposing to conclude in those countries where that instrument is usedimed at encouraging an understanding of the types of legal instruments that exist in addition to a formal court judgment; whereas this underscores a need often expressed by Parliament's Committee on Legal Affairs for trans-European networks of legal practitioners, information campaigns and material and common training, which the Commission is called upon to promote, 1 Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (OJ L 338, 23.12.2003, p. 1).Or. en

Amendment 8 #

Neena GILL

Motion for a resolution
Recital Q a (new)

Qa. whereas notarial acts are not a familiar feature of common-law jurisdictions and accordingly the recognition of notarial acts by common- law jurisdictions would not involve the reciprocal recognition by civil law jurisdictions of deeds or other instruments having like effect to notarial acts; whereas the law relating to the administration of the estates of deceased persons in common-law jurisdictions requires that the assets of such persons vest in personal representatives whose status as such is confirmed by order of the court and whereas it is accordingly essential that the recognition of notarial acts should not operate so as to effect a direct transmission of property rights in any of the assets comprised in the estate of a deceased person or otherwise prejudice the integrity of the procedures adopted in common-law jurisdictions for the administration of such estates,

Amendment 9 #

Diana WALLIS

Motion for a resolution
Paragraph 1

1. Considers that mutual trust in the field of law within the Community justifies the future abolition of procedures for checking the accuracy of authentic acts or any analogous formal legal documents which record a legal fact or act in cross- border matters; considers that this recognition of an authentic act or analogous legal document for the purpose of its use in the requested Member State can only be refused in the case of serious and substantiated doubts as to its authenticity, or if recognition is contrary to public policy in the Member State requested;

source: PE-414.347

History

(these mark the time of scraping, not the official date of the change)

2012-02-09Show (5) Changes

activities	date: 2008-05-22T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee: JURI date: 2008-06-25T00:00:00 committee_full: Legal Affairs rapporteur: group: PSE name: MEDINA ORTEGA Manuel date: 2008-09-19T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE412.249 type: Committee draft report title: PE412.249 body: EP type: Committee draft report date: 2008-11-04T00:00:00 body: EP committees: body: EP responsible: True committee: JURI date: 2008-06-25T00:00:00 committee_full: Legal Affairs rapporteur: group: PSE name: MEDINA ORTEGA Manuel type: Vote in committee, 1st reading/single reading date: 2008-11-19T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-0451&language=EN type: Committee report tabled for plenary, single reading title: A6-0451/2008 body: type: Committee report tabled for plenary, single reading date: 2008-11-19T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-0451&language=EN type: Committee report tabled for plenary, single reading title: A6-0451/2008 body: EP type: Committee report tabled for plenary, single reading date: 2008-12-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-0636 type: Decision by Parliament, 1st reading/single reading title: T6-0636/2008 url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=16346&l=en type: Results of vote in Parliament title: Results of vote in Parliament body: EP type: Text adopted by Parliament, single reading date: 2008-12-18T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/spdoc.do?i=16346&j=0&l=en type: Commission response to text adopted in plenary title: SP(2009)988 body: EC commission: DG: Secretariat General Commissioner: BARROSO José Manuel type: Commission response to text adopted in plenary
committees	body: EP responsible: True committee: JURI date: 2008-06-25T00:00:00 committee_full: Legal Affairs rapporteur: group: PSE name: MEDINA ORTEGA Manuel
links
other	body: EC dg: Secretariat General commissioner: BARROSO José Manuel
procedure	dossier_of_the_committee JURI/6/62871 reference 2008/2124(INI) title European Authentic Act legal_basis Rules of Procedure of the European Parliament EP 042 stage_reached Procedure completed subtype Legislative initiative type INI - Own-initiative procedure subject 7.40 Judicial cooperation 8.50 Community law

Activites

Documents

History

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