Activities of Diana WALLIS related to 2008/2124(INI)
Legal basis opinions (0)
Amendments (9)
Amendment 1 #
Motion for a resolution
Recital D
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 4 #
Motion for a resolution
Recital L
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 7 #
Motion for a resolution
Recital P
Recital P
P. whereas the institution of the authentic act does not exist in common-law systems, in particular the lawjurisdiction 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 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 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-lawto 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 9 #
Motion for a resolution
Paragraph 1
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;
Amendment 10 #
Motion for a resolution
Paragraph 2
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 #
Motion for a resolution
Paragraph 3
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 #
Motion for a resolution
Paragraph 4
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 15 #
Motion for a resolution
Paragraph 4 a (new)
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 #
Motion for a resolution
Paragraph 5
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;