COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 07.11.1997 
COM(97) 596 final 
96/0277 (COD) 
Amended 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) 
(presented by the Commission pursuant to Article 189 a (2) of the EC Treaty) 

EXPLANATORY MEMORANDUM 
On 24 October 1997 the European Parliament delivered its opinion at first reading under 
the codecision procedure on the proposal for a Decision establishing an action 
programme to improve awareness of Community law for the legal professions 
(Robert Schuman Project). 
The Commission has accepted all the amendments, with an adjustment to the wording of 
Amendment 19. 
The amendments reflect Parliament's concern to increase the importance of the proposal 
with regard to the application of Community law and to specify the professions and 
institutions to benefit from the Project. 
Amendment 19, concerning Article 6(2), contains a relaxation of the obligation to ensure 
continuity. This amendment, while acceptable in substance, requires further definition of 
application criteria. 
Amended 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) 
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in particular Article 
100a thereof, 
Having regard to the proposal from the Commission1, 
Having regard to the opinion of the Economic and Social Committee2, 
Acting in compliance with the procedure laid down by Article 189b of the Treaty3, 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
(unchanged unless mentioned below) 
(1) Whereas Declaration (No 19) on the 
implementation of Community law annexed 
to the Final Act of the Treaty on European 
Union and adopted by the Conference of 
Representatives of the Governments of the 
Member States on 7 February 1992 stresses 
that it is essential for the proper functioning 
of the Community that the measures taken 
by the different Member States should 
result in Community law being applied with 
the same effectiveness and rigour as in the 
application of their national law; 
(2) Whereas the completion of the internal 
i—•:'•.: has required a considerable 
legislative effort involving, inter alia, the 
OJNoC378, 13.12.1996 
OJ No C 206, 7.7.1997 
Opinion of the European Parliament of 24 October 1997, OJ n° C, Common position of the 
Council of..., Decision of the European Parliament of 
approximation of national laws with a view 
to creating an area without frontiers; 
(3) Whereas the effective and uniform 
application of the Community rules in 
question represents a new priority which is 
essential to the smooth functioning of the 
internal market; 
(4) Whereas those Community rules on the 
freedoms of the internal market which are 
directly applicable may be invoked before 
any national court in accordance with the 
procedures defined by national law; 
whereas citizens, consumers and enterprises 
should be able to rely on the proper 
application of Community law and to 
benefit from the rights and guarantees 
available in each Member State; whereas 
legal certainty and the credibility of the 
internal market are at stake as is, more 
generally, citizens' confidence in European 
integration; 
(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; (3 a) 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; 
(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 the 
administration of justice, i.e. judges, 
prosecutors and lawyers are sufficiently 
informed and trained to do so; 
(6) Whereas the Commission 
communication to the Council of 
22 December 1993 "Making the most of the 
internal market: strategic programme"4 
emphasises 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; 
(7) Whereas, in its Resolution of 
13 February 1996 on the Commission's 
Twelfth Annual Report on monitoring the 
application of Community law,5 the 
European Parliament asked the 
Commission to put forward a programme 
for the purposes of training and informing 
the legal professions in the field of 
Community law with a view to making the 
application of Community law by national 
courts more uniform and effective; 
(8) Whereas raising awareness of 
Community law among judges and lawyers 
in the Member States is likely to improve 
the Cupertino between the national courts 
and the Court of Justice that is an inherent 
part of the Community legal system; (6) Whereas the Commission 
communication to the Council of 
22 December 1993 "Making the most of the 
internal market: strategic programme"4 
emphasises 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; 
(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 Cupertino 
between the national courts and the Court of 
Justice that is an inherent part of the 
Community legal system; 
(9) Whereas, in compliance with the 
principle of subsidiarity and by virtue of 
Article 127 of the Treaty, it is not for the 
European Community to assume the role of 
the Member States in determining the 
organisation or content of training for 
jvù^~s and lawyers; 
(10) Whereas it is within the European (10) Whereas it is within the European 
COM(93) 632. 
OJ No C 65, 4.3.1996, p. 37. 
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; 
(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 
transposai into national legislation of 
Community law to the penalties applicable 
in the event of this law being breached, are 
designed to ensure the effective and 
uniform application of internal market 
rules; 
(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, 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; 
(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; 
(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 
transposai into national legislation of 
Community law to the penalties applicable 
in the event of this law being breached, are 
designed to ensure the effective and uniform 
application of internal market rules; 
(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, 
HAVE DECIDED AS FOLLOWS: 
Article 1 
Creation of the Robert Schuman Project 
1. This Decision sets up the programme 
known as the "Robert Schuman Project" for 
the period from 1 January 1997 to 
31 December 1999. 1. This Decision sets up the programme 
known as the "Robert Schuman Project" for 
the period :_LL 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. 
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. 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. 
Article 2 
Objectives of the Robert Schuman Project 
1. The Robert Schuman Project shall: 
(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; (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; 
(b) encourage the development, in the 
Member States, of information resources 
(traditional or based on new communication 
and information technology) in Community 
law forjudges and lawyers; (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; 
(c) support initiatives likely to facilitate 
implementation of the above two forms of 
support, complement them or enhance their 
impact. 
2. The Robert Schuman Project shall 
support and complement training and 
information work on Community law 
undertaken by the Member States while not 
encroaching on their responsibility for 
defining course content and organising 
vocational train 
Article 3 
Instrument of Community intervention 
1. The Robert Schuman Project is 
designed to provide financial support to 
initiatives launched in the Member States 
with a view to achieving the objectives 
referred to in Article 2. 
2. Each of those objectives corresponds to 
a specific sub-part of the Robert Schuman 
project: "training", "information" 
"accompanying initiatives ". 
Article 4 
Eligibility 
1. The institutions responsible in the 1. The institutions responsible in the 
Member States - at local, regional or Member States - at local, regional or 
national level - or at Community level for: national level - or at Community level for: 
- continuing vocational training of judges or 
lawyers 
Or 
- initial vocational training of future judges 
or lawyers 
shall be considered eligible for financial 
support under the Robert Schuman Project. - continuing vocational training of legal 
professionals involved in the administration 
of justice, i.e. judges prosecutors and 
lawyers 
Or 
- initial vocational training of those training 
to take part in the administration of justice, 
shall be considered eligible for financial 
support under the Robert Schuman Project 
as established under Article 1(1). 
2. The institutions concerned are: 
(a) the courts; 
(b) bar associations and equivalent 
professional bodies; 
(c) the Ministries of Justice, Judicial 
Service Commission or equivalent bodies; 
(d) approved professional schools or 
educational institutes responsible for the 
initial or continuing training of judges or 
lawyers; 
(e) universities providing initial or 
continuing training of judges or lawyers. (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; 
(e) universities. 
Article 5 
Project selection criteria 
1. Eligible institutions shall apply for 
financial support under the Robert Schuman 
Project by submitting a training, 
information or accompanying project to the 
competent Commission departments. 
2. Projects shall be selected, and financial 
support awarded, on the basis of the 
following criteria: 
(a) Practical use 
The measures envisaged shall enable the 
target groups to acquire knowledge adapted 
to, and immediately useful in, the 
day-to-day practice of their profession. 
(b) Accessibility (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. 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. 
(c) Adjustment to 
professional practice comtrwnis of 
The way in which the measures envisaged 
are implemented shall reflect the needs of 
professional practice (particularly in terms 
of planning and geographical proximity). 
(d) Cost-effectiveness 
When assessing projects submitted under 
the Robert Schuman Project, the 
Commission shall work on the basis of the 
principles laid down by the relevant 
financial regulations, in particular the 
principles of sound financial management, 
economy and cost-effectiveness. 
Costs entailed by the measures envisaged 
shall be consistent with their objectives. 
Cost-effectiveness may be improved by 
partnerships involving several eligible 
institutions which pool their resources. 
3. Complementary optional criteria: 
The following optional assessment criteria 
shall also be taken into account: 
(a) inter-professional dimension of (a) inter-professional dimension of 
measures (targeted on or involving both measures both targeted on and involving 
judges and lawyers); those concerned; 
(b) cross-border dimension of measures 
(targeted on or involving nationals of more 
than one EU Member State). 
Article 6 
Support arrangements 
1. Financial support under the Robert 
Schuman Project, which is designed to 
encourage, complement and support the 
work of the institutions referred to in 
Article 3 above, shall be provided in 
addition to local or national funds and shall 
be used to realise projects. Financial 
support thus awarded may not, therefore, 
entail the realisation of direct or indirect 
profits. 
10 
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. 
3. Financial support under the Robert 
Schuman Project shall be awarded for one 
or two years. 
4. Financial support provided under the 
Robert Schuman Project shall be awarded 
in accordance with Commission's rules 
governing grants. Compliance with these 
rules shall be monitored by the Commission 
and the Court of Auditors. 2. Financial support under the Robert 
Schuman Project shall be awarded for one 
or two years. 
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. 
Exceptionally a derogation from that 
obligation may be granted if the nature of a 
project prevents its continuation or if the 
recipient is confronted by circumstances 
that prevent the project from being 
continued. 
Recipients undertake to repay all amounts 
disbursed if they fail to meet this obligation. 
4a.The financial support accorded by the 
EU budget shall be linked to the 
appropriations accorded by the 
budgetary authority in 
financial perspectives. keeping with the 
11 
Article 7 
Implementation 
1. The Commission shall determine the 
arrangements for implementing this 
programme. 
2. A call for expressions of interest shall be 
published each year in the Official Journal 
of the European Communities to inform 
potential applicants of the Robert Schuman 
Project's objectives and conditions 
governing the award of grants. 
Article 8 
Cohesion of Community action 
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. 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. 
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). 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. 
12 
Article 9 
Assessment and monitoring 
1. The Commission, acting in conjunction 
with the Member States, shall be 
responsible for assessing and monitoring 
the programme on a periodic basis with a 
view to effecting any adjustments deemed 
necessary in the course of its operation. 
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. 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 11L at the latest. A list of the 
beneficiaries of the Robert Schuman 
Project shall 
to the report. be published in an annex 
Article 10 
Entry into force 
This Decision shall enter into force with 
effect from 1 January 1997. 
13 

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