P6_TA(2006)0353

Involvement of the European Parliament in the work of the Hague Conference

European Parliament resolution on the involvement of the European Parliament in the work of the Hague Conference following the accession of the Community

The European Parliament,

- having regard to the proposal for a Council decision on the accession of the European Community to the Hague Conference on Private International Law (COM(2005)0639),

- having regard to its position of 7 September 2006 on the proposal for a Council decision on the accession of the European Community to the Hague Conference on Private International Law [1],

- having regard to Rule 108(5) of its Rules of Procedure,

A. whereas the accession of the Community to the Hague Conference on Private International Law (CODIP) should improve consistency in the fields of international civil and commercial law and Community law and should considerably enhance the influence of the Community in this forum,

B. whereas the CODIP conventions are an indispensable point of reference in civil and commercial law,

C. whereas, ever since the Treaty of Amsterdam, the Community has had competence to adopt measures relating to judicial cooperation in civil matters which have cross-border implications in so far as necessary for the proper functioning of the internal market,

D. whereas Parliament is involved as co-legislator in the adoption of such measures, where it is not simply consulted,

E. whereas a number of instruments adopted or contemplated by the Community overlap with matters which have been dealt with or may in future be dealt with by the Hague Conference,

F. whereas, furthermore, the Community will be asked to participate actively in setting the priorities of the CODIP and ensuring that they dovetail with the Hague programme on judicial cooperation, the action plan on financial services and the internal market strategy and, more generally, with the Commission's work programme,

G. whereas the Commission will be required to consult Parliament on draft mandates for negotiation and the need for disconnection clauses,

H. whereas there is therefore a need for Parliament to be closely involved with the proceedings of the Hague Conference and consulted on the outcome of its deliberations in order to secure more democratic scrutiny also of the Commission's participation in the Conference as sole representative of the Community as such, and a greater measure of transparency and openness for its proceedings, which are of considerable interest for citizens and practitioners,

1. Calls on the Council and the Commission to ask Parliament to give its views on a case-by-case basis on the need for the Community to accede to the existing conventions which have been ratified by a significant number of Member States;

2. Resolves to investigate fully with the Conference further modes of cooperation, and to take the lead in the founding of a "parliamentary forum" with national parliamentarians to both follow and inform the work of the Conference;

3. Calls on the Council and the Commission to propose suitable procedures so as to enable Parliament to play its proper role in the context of the Hague Conference on Private International Law;

4. Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States.

[1] Texts Adopted, P6_TA(2006)0345.

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