Activities of Diana WALLIS related to 2010/2080(INI)
Legal basis opinions (0)
Amendments (13)
Amendment 5 #
Motion for a resolution
Recital F
Recital F
F. whereas, next, there is harmonisation or approximation which lends itself to certain areas where standardisation is desirable, if not essential – e.g. in the area of consumer protection, but recourse to which is limited in the AFJS; secondly, there are forward- looking projects such as the CFR which aim at achieving common legal concepts and could be of great assistance, for instance, in the case of contracts concluded via the internet; consideration should also be given to the so-called optional 28th regime as an alternative to the traditional way of harmonising legislation in specific areas,
Amendment 7 #
Motion for a resolution
Recital Fa (new)
Recital Fa (new)
Fa. whereas drafting a European Contract Law will be one of the most important initiatives for the AFSJ in the coming years and may result in a so- called optional 28th civil law regime as an alternative to the traditional way of harmonising legislation in specific areas,
Amendment 14 #
Motion for a resolution
Recital K
Recital K
K. whereas this is the very stuff of Europe and the challenge of the AFSJ, and should not be seen as contradictory to the development and teaching of a real European legal culture,
Amendment 22 #
Motion for a resolution
Paragraph 7a (new)
Paragraph 7a (new)
7a. Appreciates the Commission's generous funding of transnational legal training projects in the area of civil justice, but deplores the fact that the funding is very difficult to access and use effectively owing largely to the inflexibility of the current system; notes in addition the problems in recovering expenses incurred during co-financed training programmes and the fact that organising such programmes involves the professional organisation concerned in tying up large amounts of funds for a long period because of the requirements imposed by the Commission; calls therefore for a more flexible and innovative approach on the part of the Commission in order to enable organisations without large cash-flows to apply to operate training schemes;
Amendment 24 #
Motion for a resolution
Paragraph 9a (new)
Paragraph 9a (new)
9a. Bearing in mind the ambitious goal of the Stockholm programme to offer European training schemes to half of the judges, prosecutors, judicial staff and other professionals involved in European cooperation before 2014, and its call that for this purpose the existing training institutions in particular should be used, calls for the creation without delay of a European Judicial Academy composed of the European Judicial Training Network and the Academy of European Law to provide such training schemes in the necessary dimension;
Amendment 27 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that the Commission should give priority to tackling the difficulties brought about by divergences in national procedural law (e.g. in limitation periods and the treatment of foreign law by the courts); suggests, in the light of the key importance of this aspect, that the date for the Commission's report on the functioning of the present EU regime on civil procedural law across borders should be brought forward from 2013 to the end of 2011; urges the Commission to respond to its resolution of 1 February 2007[1] by presenting a proposal for a common limitation period in cross-border disputes involving personal injuries and fatal accidents as a matter of urgency; [1] P6_TA(2007)0020.
Amendment 28 #
Motion for a resolution
Paragraph 10a (new)
Paragraph 10a (new)
10a. Welcomes the Green Paper of 1 July 2010 on policy options for progress towards a European Contract Law for consumers and businesses[1] and supports the Commission's ambitious initiative towards a European contract law instrument, that can be applied voluntarily by contracting parties; [1] COM(2010)348 final.
Amendment 29 #
Motion for a resolution
Paragraph 10b (new)
Paragraph 10b (new)
10b. Draws attention to Parliament's resolution of 10 March 2009 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters[1] and urges the Commission to take action to improve cooperation between the Member States' courts for the purposes of taking evidence and enhancing the efficiency of Regulation (EC) No 1206/2001, in particular by ensuring that courts and practitioners are better informed about it and promote the extensive use of information technology and video- conferencing; considers that there should be a secure system for sending and receiving e-mails and that these matters should be taken up under the European e- Justice strategy; [1] P6_TA(2009)0089.
Amendment 30 #
Motion for a resolution
Paragraph 10c (new)
Paragraph 10c (new)
Amendment 37 #
Motion for a resolution
Paragraph 14a (new)
Paragraph 14a (new)
14a. Calls upon the Commissioner for Justice to ensure that in future Parliament is more closely involved with the activities of the Commission and the Council at the Hague Conference through Parliament's observer and by means of regular statements to the competent parliamentary committee; in this respect reminds the Commission of the institutional commitments expressed by Commissioner Frattini before Parliament in September 2006 that the Commission will cooperate fully with the Parliament in its work with the Hague Conference;
Amendment 40 #
Motion for a resolution
Paragraph 14b (new)
Paragraph 14b (new)
14b. Encourages the Commission to play its full role in the work of the Hague Conference; urges the Commission to take steps to ensure that the EU ratifies the Hague Convention of 19 October 1996 on the Protection of Children;
Amendment 41 #
Motion for a resolution
Paragraph 14c (new)
Paragraph 14c (new)
14c. Resolves to set up an interparliamentary forum on the work of the Hague Conference; considers, by way of example only, that the promotion by the Hague Conference of party autonomy in contractual relations worldwide has such serious implications from the point of view of the evasion of mandatory rules such as to warrant its being debated and reflected upon in democratic fora worldwide;
Amendment 42 #
Motion for a resolution
Paragraph 14d (new)
Paragraph 14d (new)
14d. Welcomes the Commission's efforts to empower citizens to exercise their free movement rights and strongly supports plans to enable the mutual recognition of the effects of civil status documents; calls for further efforts to reduce barriers for citizens who do exercise their rights of free movement, particularly with regard to access to the social benefits to which they are entitled and their right to vote in municipal elections;