BETA


2008/2124(INL) European Authentic Act

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI MEDINA ORTEGA Manuel (icon: PSE PSE)
Lead committee dossier:
Legal Basis:
RoP 046

Events

2009/04/22
   EC - Commission response to text adopted in plenary
Documents
2008/12/18
   EP - Results of vote in Parliament
2008/12/18
   EP - Debate in Parliament
2008/12/18
   EP - Decision by Parliament, 1st reading/single reading
Details

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.

Documents
2008/12/18
   EP - End of procedure in Parliament
2008/11/19
   EP - Committee report tabled for plenary, single reading
Documents
2008/11/19
   EP - Committee report tabled for plenary, single reading
Documents
2008/11/04
   EP - Vote in committee, 1st reading/single reading
Details

The Committee on Legal Affairs adopted the own-initiative report drafted by Manuel MEDINA ORTEGA (PES, ES) containing recommendations to the Commission on the European Authentic Act (Initiative – Rule 39 of the Rules of Procedure).

The report 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 Hague Programme lays down that continued implementation of the programme of mutual recognition is a main priority and that this should be completed by 2011. 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.

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, MEPs request 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.

The report 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.

2008/10/16
   EP - Amendments tabled in committee
Documents
2008/09/19
   EP - Committee draft report
Documents
2008/06/25
   EP - MEDINA ORTEGA Manuel (PSE) appointed as rapporteur in JURI
2008/05/22
   EP - Committee referral announced in Parliament, 1st reading/single reading

Documents

Activities

Votes

Rapport Medina Ortega A6-0451/2008 - résolution

2008/12/18 Outcome: +: 478, 0: 42, -: 26
DE FR IT ES PL RO NL PT CZ HU BE EL BG SE IE AT SK FI DK SI LV LT CY LU MT EE GB
Total
70
60
42
40
37
20
22
19
18
15
20
16
13
15
11
10
10
9
13
7
6
8
6
5
4
4
46
icon: PPE-DE PPE-DE
197

Belgium PPE-DE

For (1)

Against (1)

Abstain (1)

3

Denmark PPE-DE

1

Latvia PPE-DE

2

Luxembourg PPE-DE

3

Malta PPE-DE

For (1)

1

Estonia PPE-DE

For (1)

1
icon: PSE PSE
157

Czechia PSE

2

Ireland PSE

1

Slovakia PSE

2

Slovenia PSE

For (1)

1

Lithuania PSE

2

Luxembourg PSE

For (1)

1

Estonia PSE

For (1)

1
icon: ALDE ALDE
76

Hungary ALDE

1

Sweden ALDE

2

Ireland ALDE

For (1)

1

Austria ALDE

1

Denmark ALDE

Abstain (1)

3

Slovenia ALDE

2

Latvia ALDE

1

Cyprus ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

For (1)

Abstain (1)

2
icon: Verts/ALE Verts/ALE
32

Italy Verts/ALE

2

Belgium Verts/ALE

2

Sweden Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Latvia Verts/ALE

1

United Kingdom Verts/ALE

Abstain (1)

4
icon: UEN UEN
29

Denmark UEN

Against (1)

1

Latvia UEN

2

Lithuania UEN

2
icon: GUE/NGL GUE/NGL
28
4

Spain GUE/NGL

For (1)

1

Netherlands GUE/NGL

2

Portugal GUE/NGL

3

Greece GUE/NGL

Against (1)

2

Sweden GUE/NGL

2

Finland GUE/NGL

For (1)

1

Denmark GUE/NGL

1

Cyprus GUE/NGL

2

United Kingdom GUE/NGL

Abstain (1)

1
icon: IND/DEM IND/DEM
10

France IND/DEM

For (1)

1

Netherlands IND/DEM

2

Greece IND/DEM

1

Sweden IND/DEM

For (1)

1

Ireland IND/DEM

For (1)

1

Denmark IND/DEM

Abstain (1)

1
icon: NI NI
17

Italy NI

For (1)

1

Poland NI

1

Czechia NI

1

Belgium NI

3

Austria NI

1

Slovakia NI

1

United Kingdom NI

3

History

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

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  • 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=A6-2008-451&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/oeil/popups/sda.do?id=16346&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20081218&type=CRE type: Debate in Parliament title: Debate in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-636 type: Decision by Parliament, 1st reading/single reading title: T6-0636/2008 body: EP type: Results of vote in Parliament
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committees/0
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docs
  • 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 title: PE412.249 type: Committee draft report body: EP
  • date: 2008-10-16T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE414.347 title: PE414.347 type: Amendments tabled in committee body: EP
  • date: 2008-11-19T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-451&language=EN title: A6-0451/2008 type: Committee report tabled for plenary, single reading body: EP
  • date: 2009-04-22T00:00:00 docs: url: /oeil/spdoc.do?i=16346&j=0&l=en title: SP(2009)988 type: Commission response to text adopted in plenary
events
  • date: 2008-05-22T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2008-11-04T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The Committee on Legal Affairs adopted the own-initiative report drafted by Manuel MEDINA ORTEGA (PES, ES) containing recommendations to the Commission on the European Authentic Act (Initiative – Rule 39 of the Rules of Procedure). The report 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 Hague Programme lays down that continued implementation of the programme of mutual recognition is a main priority and that this should be completed by 2011. 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. 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, MEPs request 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. The report 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.
  • date: 2008-11-19T00:00:00 type: Committee report tabled for plenary, single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-451&language=EN title: A6-0451/2008
  • date: 2008-12-18T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=16346&l=en title: Results of vote in Parliament
  • date: 2008-12-18T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20081218&type=CRE title: Debate in Parliament
  • date: 2008-12-18T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-636 title: 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.
  • date: 2008-12-18T00:00:00 type: End of procedure in Parliament body: EP
links
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  • body: EC dg: url: http://ec.europa.eu/dgs/secretariat_general/index_en.htm title: Secretariat-General commissioner: BARROSO José Manuel
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activities
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  • 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=A6-2008-451&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/oeil/popups/sda.do?id=16346&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20081218&type=CRE type: Debate in Parliament title: Debate in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-636 type: Decision by Parliament, 1st reading/single reading title: T6-0636/2008 body: EP type: Results of vote in Parliament
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: url: http://ec.europa.eu/dgs/secretariat_general/index_en.htm title: Secretariat General commissioner: BARROSO José Manuel
procedure
dossier_of_the_committee
JURI/6/62871
reference
2008/2124(INL)
title
European Authentic Act
legal_basis
Rules of Procedure of the European Parliament EP 046
stage_reached
Procedure completed
subtype
Request for legislative proposal
type
INL - Legislative initiative procedure
subject