51997AP0323

A4-0323/97

Proposal for a European Parliament and Council Decision establishing an action programme to improve awareness of Community law for the legal professions - Robert Schuman Project (COM(96)0580 - C4-0606/96 - 96/0277(COD))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 3a (new)

>Text following EP vote>

(3a) Having regard to the fundamental role of the effective and uniform application of Community law in the administration of justice (understood in its broad sense), given that the body of case-law, which is built up on the basis of each legal ruling, is, in the final analysis, a source of law itself;

(Amendment 2)

Recital 5

>Original text>

(5) Whereas citizens, consumers and enterprises will be unable to enforce all their rights under the Community legal system before any national court within the Union unless those members of the legal professions most directly involved in implementing Community law, i.e. judges and lawyers, are sufficiently informed and trained to do so;

>Text following EP vote>

(5) Whereas citizens, consumers and enterprises will be unable to enforce all their rights under the Community legal system before any national court within the Union unless those members of the legal professions involved in the administration of justice, i.e. judges, prosecutors and lawyers, are sufficiently informed and trained to do so;

(Amendment 3)

Recital 6

>Original text>

(6) Whereas the Commission communication to the Council of 22 December 1993 'Making the most of the internal market: strategic programme' emphasizes the importance, to persons subject to legal proceedings and to the smooth functioning of the internal market, of national courts being in a position to resolve a larger proportion of cases concerning the conformity of rules or behaviour with Community law and, to that end, the need to improve awareness of Community law within the legal profession;

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(6) Whereas the Commission communication to the Council of 22 December 1993 'Making the most of the internal market: strategic programme' emphasizes the importance, to persons subject to legal proceedings and to the smooth functioning of the internal market, of national courts being in a position to resolve a larger proportion of cases concerning the conformity of rules or behaviour with Community law and, to that end, the need to improve the awareness of Community legal professionals involved in the administration of justice;

(Amendment 4)

Recital 8

>Original text>

(8) Whereas raising awareness of Community law among judges and lawyers in the Member States is likely to improve the cooperation between the national courts and the Court of Justice that is an inherent part of the Community legal system;

>Text following EP vote>

(8) Whereas raising awareness of Community law among those involved in the activities of the courts of the Member States is likely to improve the cooperation between the national courts and the Court of Justice that is an inherent part of the Community legal system;

(Amendment 5)

Recital 10

>Original text>

(10) Whereas it is within the European Community's remit to propose establishing support arrangements designed to help Member States to remedy a lack of training and information wherever this may affect the correct application of Community law necessary for the smooth functioning of the internal market;

>Text following EP vote>

(10) Whereas it is within the European Community's remit to propose establishing support arrangements designed to help Member States to remedy a lack of training and information where this directly affects the correct application of Community law necessary for the smooth functioning of the internal market;

(Amendment 6)

Recital 10a (new)

>Text following EP vote>

(10a) Whereas the activities of the professionals referred to have a direct impact on the application of Community law as a result of the part played by each one of them in the proceedings under the procedural laws, since they contribute, through each ruling handed down, to the creation of the body of case- law;

(Amendment 7)

Recital 11

>Original text>

(11) Whereas the objective of making legal practitioners more aware of Community law must form part of overall arrangements which, from checks on the correct transposal into national legislation of Community law to the penalties applicable in the event of this law being breached, are designed to ensure the effectiveness and uniform application of internal market rules;

>Text following EP vote>

(11) Whereas the objective of making legal professionals involved in the administration of justice, i.e. judges, prosecutors and lawyers, more aware of Community law must form part of overall arrangements which, from checks on the correct transposal into national legislation of Community law to the penalties applicable in the event of this law being breached, are designed to ensure the effectiveness and uniform application of internal market rules;

(Amendment 8)

Recital 12

>Original text>

(12) Whereas achieving this objective entails using specific resources adapted to the requirements and constraints of professional practice; whereas the creation of a specific instrument whose objective is to raise awareness of Community law among judges and lawyers in the European Union complements, for a target public, existing Community programmes and initiatives,

>Text following EP vote>

(12) Whereas achieving this objective entails using specific resources adapted to the requirements and constraints of professional practice; whereas the creation of a specific instrument whose objective is to raise awareness of Community law among legal professionals involved in the administration of justice, i.e. judges, prosecutors and lawyers, in the European Union complements, for a target public, existing Community programmes and initiatives,

(Amendment 9)

Article 1(1)

>Original text>

1. This Decision sets up the programme known as the 'Robert Schuman Project' for the period 1 January 1997 to 31 December 1999.

>Text following EP vote>

1. This Decision sets up the programme known as the 'Robert Schuman Project' for the period ... to ... . The project is intended to contribute to the effective and uniform application of Community law with a view to improving the functioning of the internal market.

(Amendment 10)

Article 1(2)

>Original text>

2. By means of this financial support instrument the European Union shall encourage and support initiatives designed to raise awareness of Community law among judges and lawyers within the Member States of the Union.

>Text following EP vote>

2. By means of this financial support instrument the European Union shall encourage and support initiatives designed to raise awareness of Community law among legal professionals involved in the administration of justice, i.e. judges, prosecutors and lawyers, within the Member States of the Union.

(Amendment 11)

Article 2(1)(a)

>Original text>

(a) encourage the launch of practical training initiatives in Community law in the Member States (initial or continuing training) by bodies responsible for training judges and lawyers or future judges and lawyers;

>Text following EP vote>

(a) encourage the launch of practical training initiatives in Community law in the Member States (initial or continuing training) by bodies responsible for training legal professionals involved in the administration of justice, i.e. judges, prosecutors and lawyers, or those training for this;

(Amendment 12)

Article 2(1)(b)

>Original text>

(b) encourage the development, in the Member States, of information resources (traditional or based on new communication and information technology) in Community law for judges and lawyers;

>Text following EP vote>

(b) encourage the development, in the Member States, of information resources (traditional or based on new communication and information technology) in Community law for legal professionals involved in the administration of justice, i.e. judges, prosecutors and lawyers;

(Amendment 13)

Article 4(1)

>Original text>

1. The institutions responsible in the Member States - at local, regional or national level - or at Community level for:

>Text following EP vote>

1. The institutions responsible in the Member States - at local, regional or national level - or at Community level for:

>Original text>

- continuing vocational training of judges or lawyers,

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- continuing vocational training of legal professionals involved in the administration of justice, i.e. judges, prosecutors and lawyers,

>Original text>

or

- initial vocational training of future judges or lawyers,

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or

- initial vocational training of those training to take part in the administration of justice,

>Original text>

shall be considered eligible for financial support under the Robert Schuman Project.

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shall be considered eligible for financial support under the Robert Schuman Project as established under Article 1(1).

(Amendment 15)

Article 4(2)(d)

>Original text>

(d) approved professional schools or educational institutes responsible for the initial or continuing training of judges or lawyers;

>Text following EP vote>

(d) approved professional schools or educational institutes responsible for the initial or continuing training of legal professionals involved in the administration of justice, i.e. judges, prosecutors or lawyers;

(Amendment 16)

Article 4(2)(e)

>Original text>

(e) universities providing initial or continuing training of judges or lawyers.

>Text following EP vote>

(e) universities.

(Amendment 17)

Article 5(2)(b)

>Original text>

(b) Accessibility

The measures envisaged shall raise awareness among the greatest possible number of judges and lawyers and, in particular, shall benefit those who have not yet become acquainted with Community law.

>Text following EP vote>

(b) Accessibility

The measures envisaged shall raise awareness among the greatest possible number of legal professionals involved in the administration of justice and, in particular, shall benefit those who have not yet become acquainted with Community law.

(Amendment 18)

Article 5(3)(a)

>Original text>

(a) inter-professional dimension of measures (targeted on or involving both judges and lawyers);

>Text following EP vote>

(a) inter-professional dimension of measures both targeted on and involving those concerned;

(Amendment 19)

Article 6(2) and (3)

>Original text>

2. So as to ensure continuity, recipients of Robert Schuman project grants shall undertake to continue their work without support from the Commission as from the date on which grants cease, for a period equivalent to that for which they were given.

Recipients undertake to repay all amounts disbursed if they fail to meet this obligation.

>Text following EP vote>

2. Financial support under the Robert Schuman Project shall be awarded for one or two years.

>Original text>

3. Financial support under the Robert Schuman Project shall be awarded for one or two years.

>Text following EP vote>

3. So as to ensure continuity, recipients of Robert Schuman project grants shall undertake to continue their work without support from the Commission as from the date on which grants cease, for a period equivalent to that for which they were given.

>Text following EP vote>

Exceptionally, a total or partial derogation to this requirement may be granted.

>Text following EP vote>

Recipients undertake to repay all amounts disbursed if they fail to meet this obligation.

(Amendment 21)

Article 6(4a) (new)

>Text following EP vote>

4a. he financial support accorded by the EU budget shall be linked to the appropriations accorded by the budgetary authority in keeping with the financial perspectives.

(Amendment 22)

Article 8

>Original text>

1. The Commission shall be responsible, together with the Member States, for ensuring overall cohesion between this programme and other Community training or information initiatives.

>Text following EP vote>

1. The Commission shall be responsible, together with the Member States, for ensuring overall cohesion and budgetary complementarity between this programme and other Community training or information initiatives.

>Original text>

2. The Robert Schuman Project shall complement action carried out under other Community programmes, in particular the Leonardo da Vinci programme for the implementation of a European Community vocational training policy, the Jean Monnet Project to promote teaching on European integration at university level, or the Grotius programme of incentives and exchanges for legal practitioners (joint action adopted on the basis of Article K.3 of the Treaty on European Union).

>Text following EP vote>

2. The Robert Schuman Project shall complement action carried out under other Community programmes, in particular the Leonardo da Vinci programme for the implementation of a European Community vocational training policy, the Jean Monnet Project to promote teaching on European integration at university level, or the Grotius programme of incentives and exchanges for legal practitioners (joint action adopted on the basis of Article K.3 of the Treaty on European Union) and shall operate in synergy with them.

(Amendment 23)

Article 9(2)

>Original text>

2. The Commission shall submit an assessment report on implementation of the programme to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions by 31 December 1999 at the latest.

>Text following EP vote>

2. The Commission shall submit an assessment report on implementation of the programme and on the prospects for its extension to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions by ...... at the latest. A list of the beneficiaries of the Robert Schuman Project shall be published in an annex to the report.

Legislative resolution embodying Parliament's opinion on the proposal for a European Parliament and Council Decision establishing an action programme to improve awareness of Community law for the legal professions - Robert Schuman Project (COM(96)0580 - C4-0606/96 - 96/0277(COD))

(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to Parliament and the Council, COM(96)0580 -96/0277(COD) ((OJ C 378, 13.12.1996, p. 17.)),

- having regard to Articles 189b(2) and 100a of the EC Treaty under which the proposal was presented by the Commission (C4-0606/96),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Legal Affairs and Citizens' Rights and the opinion of the Committee on Budgets (A4-0323/97),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189b(2) of the EC Treaty;

4. Should the Council intend to depart from the text approved by Parliament, calls on the Council to notify Parliament and requests that the conciliation procedure be initiated;

5. Points out that the Commission is required to submit to Parliament any modification it may intend to make to its proposal as amended by Parliament;

6. Instructs its President to forward this opinion to the Council and Commission.