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)
Date: 1996-11-15
Institutions: European Commission
Subjects: EU law, action programme, legal profession, single market, vocational training

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  15.11.1996 
COM(96) 580 final 

96/0277  (COD) 

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) 

-/ 

Proposal  for a Parliament  and Council  decision establishing an action  programme 
to improve awareness of Community  law for the legal  professions 
(Robert Schuman Project) 

EXPLANATORY  MEMORANDUM 

1.  As  a  "Community  of  law",  the  European  Community  cannot  achieve  the  objectives 
which it sets itself unless  it ensures that the common rules adopted by the Member  States 
are correctly  applied  in practice.  The Community  cannot  afford  to disregard  the quality 
of implementation of the rules it produces. 

2.  The  Internal  Market  took  shape  following  a  major  drive  to  produce  new  common 
rules.  One  of  the  results  of  this unprecedented  campaign  was  that  most  of  the  obstacles 
to the free  movement  of persons,  goods,  services  and capital  between the Member  States 
were eliminated. 

3.  The  Community's  efforts  on  the  legislative  front  have  now  given  way  to  a  new 
priority,  namely  to  ensure  the  effective  and  uniform  implementation,  in  the  Member 
States,  of the common  rules necessary  to the  smooth  functioning  of the Internal  Market. 
The  Internal  Market  represents  the  apex  of  Community  construction  and  its  smooth 
functioning  depends to a considerable extent on the effective  and uniform  implementation 
of the rules on which  it is based.  The non-implementation,  or  incorrect  implementation, 
of  Community  rules  would  call  into  question  the  Internal  Market's  efficiency  and 
undermine  the existing  body  of Community  law.  As the  Sutherland  Report,  presented 
to the  Commission  in October  1992,  pointed  out,  the  smooth  functioning  of  the  Internal 
Market  will  depend  largely  on  the  rules  on  which  it  is  based  being  known,  understood 
and  applied  in  the  same  way  as  national  rules  (Sutherland  Report  "The  Internal  Market 
after  1992: meeting the challenge"). 

- 2-

4.  Provisions with direct effect  which may be invoked by any citizen before  any  national 
court  are  particularly  numerous  in  the  Internal  Market  field.  Citizens,  consumers  and 
enterprises  alike  must  be confident  that  these  Community  rules  will  be  applied  correctly 
and  in  uniform  fashion,  and  must  benefit  from  the  rights  and  guarantees  which  they 
embody  in  all  the  courts  of  the  Member  States.  Legal  certainty,  the  credibility  of  the 
Internal  Market  and,  more  generally,  confidence  in  the  whole  process  of  European 
integration depend on it being possible for persons  subject  to legal proceedings to bring a 
case  to  their  national  courts,  irrespective  of  the  procedure  applied,  in  the  certainty  that 
they will benefit  from  the protection of Community law. 

5.  The possibility  for  persons  subject  to legal proceedings  to enforce  the  rights that they 
enjoy  by  virtue  of  Community  law  is based  partly  on the capacity  of  legal  professionals 
in  the  Member  States  to  make  use,  in  their  national  legal  systems,  of  the  arguments 
derived  from  that  law.  In  particular,  it  seems  futile  to  encourage  European  citizens  to 
make  use  of  all  the  rights  that  they  enjoy  by  virtue  of  Community  law  (which,  for 
instance,  is  the  aim  of  the  Commission's  recent  "Citizens  First"  initiative)  if  the  parties 
responsible  for  ensuring  that  those  rights  are  enforced  and  respected  in  the  Member 
States do not know of their existence or are unfamiliar  with their content. 

6.  The  Commission  expressed  this  concern  as  early  as  1993  when  it  launched  its 
Strategic  Programme  "Making  the most of the Internal  Market",  which  identifies  certain 
members  of the legal professions  - namely judges and  lawyers - as playing  a key  role in 
the  correct  application  of  the  Internal  Market's  operating  rules.  National  judges 
("Community  common  law judges")  and  lawyers,  whose  task  it  is  to  invoke  arguments 
derived  from  Community  law  before  those  judges,  are  doing  work  of  considerable 
general  interest to the Community,  which should be enhanced and promoted. 

7.  The  European  Parliament  has  pointed  out  on  several  occasions,  and  in  particular 
during  its  debates  on  monitoring  arrangements  for  the  application  of  Community  law, 
that raising the legal  profession's  awareness of Community  law  is a vital precondition  for 
its  more  effective  application  in  the  Member  States.  A  number  of  parliamentary 
questions  were  put  to Mr Monti,  the  Member  with  special  responsibility  for  the  internal 
market,  in  December  1994  in the course  of  the  hearings  before  the current  Commission 
took  office. 

8.  One  of  the  specific  features  of  the  Community  legal  structure  is  the  organized 
dialogue  between  the  national  courts  and  the  Court  of  Justice  of  the  European 
Communities.  The  quality  of  this  dialogue  partly  depends  on  how  developed  the 
"Community  reflex"  is  among  members  of  the  legal  professions  in  the  Member  States, 
whose job  it is to determine,  in first  instance,  whether  rules  or actions  are  in compliance 
with  Community  law.  In  this  connection,  the  low  number  of  questions  referred  for  a 
preliminary  ruling  and  the  poor  wording  of  such  questions  as  regularly  noted  by  the 
Court  reflect,  for  instance,  a certain  lack of familiarity  on the part of national judges  and 
lawyers with Community  law.  And yet  it is particularly  important  for  these  practitioners 
to  acquire  a  Community  law  culture  at  a  time  when the Court of Justice's  "second 

- 3-

generation"  case-law  is beginning  to take  shape,  whereby  the  role  of  the  national  courts 
in applying  Community  law  is being  increasingly  reinforced  and  less emphasis  is placed 
on the primacy  of  Community  law than on the measures  that the  national  courts  need  to 
take  in their  day-to-day  activity  in order  to ensure  that  the  rights  derived  by  individuals 
from  Community  law are safeguarded  . 

9.  In compliance with the principle of subsidiarity,  it is not for the European Community 
to  assume  the  role  of  the  Member  States  in  determining  the  content  or  organization  of 
training  for  legal  professionals.  This  is expressly  reserved  for  the Member  States  under 
Article  127 of the EC Treaty. 

10.  However,  it  is  within  the  Community's  remit,  and  in  particular  within  that  of  the 
Commission,  as the guardian  of  the treaties,  to take  any  measures  to  remedy  difficulties 
in connection  with  the correct  application  of  Community  law.  In particular,  it  is for  the 
Commission,  by  setting  up  appropriate  support  arrangements  to  that  end,  to  try  and 
encourage  an  awareness  of  Community  law  among  legal  practitioners  responsible  for 
applying  that  law,  and  to  help  the  Member  States  to  remedy  a  lack  of  training  and 
information  wherever this may affect  the smooth functioning  of the Internal  Market. 

Although  there  are  qualified  specialists  in  Community  law  in  the  Member States,  it  is 
apparent  that  legal  practitioners  in  general  do  not  have  a  sufficiently  developed 
Community  reflex  causing  them  automatically  and  systematically  to  check  whether 
Community  solutions apply to the cases they handle on a daily basis.2 

11.  Raising the awareness of judges and  lawyers  in the national courts  is a non-statutory 
and  non-binding  form  of  action  but  one  which  is  particularly  useful  and  effective  in 
optimizing application of the Community  rules necessary  to the smooth functioning  of the 
Internal  Market.  It  is  designed  to  complement  the  traditional  mechanisms  used  to  that 
end  and  to  increase  their  effectiveness.  Accordingly,  in  order  to  deal  with  breaches  of 
Community  law,  which  are  particularly  frequent  in  the  Internal  Market  field,3  the 
Commission  cannot  take  action  on  its  own  initiative,  as  though  it  were  a  Community 
public  prosecutor,  on  all  breaches  committed.  National  judges,  who,  as  the  Court  of 
Justice  has  acknowledged,  have  effective  means  of  ensuring  that  Community  law  is 
complied  with,  are  ideally  placed  to support  and  relay  its action.  As national judges  are 
at the end of the chain of application of Community  law, they also have a  certain  scope 

In  particular,  C-312/93  Peterbroeck, C-430  Van Schijndel,  C-46/93  and  C-48/93  Brasserie du 
pêcheur. 
See findings  of the EOS-Gallup Europe survey on lawyers and Community  law, of  February  1995 
commissioned  by the Commission,  and Working Paper  "Community  law training for  the judiciary" 
(SEC(95)258 of  15 February  1995). 
More  than  40%  (512 out  of  a  total  of  1252 cases)  of  complaints  of  breaches  of  Community  law 
registered  by the Commission  in  1995 concerned  the Internal  Market  (Thirteenth  Annual  Report on 
monitoring the application of Community law). 

for  initiative  which  should  be  enhanced  and  promoted.  Several  Community  texts  have 
already been produced  on upgrading  the role of the national courts  in ensuring the proper 
implementation  of  Community  law,  such  as  the Notice on cooperation  between national 
courts and  the  Commission in  applying Articles  85  and  86  of  the  EEC  Treaty4 or  the 
Resolution on  the  effective uniform application of  Community  law and  on  the penalties 
applicable for  breaches  of  Community law  in  the  Internal  Market5,  each  of  which 
emphasizes  that  the  national  courts  have  effective  means  of  action  in  respect  of  the 
process of implementing Community law. 

training 

involved 

in  providing 

information  and 

12.  The  Robert  Schuman  Project  was  drawn  up  in  close  cooperation  with  legal 
professionals  and  the  parties 
in 
Community  law.  It  is designed  to meet  the  needs  identified  from  ongoing  contacts  with 
the  relevant  professional  associations,  by  the  1995  survey  carried  out  with  a 
representative  sample  of  more  than  2 000  lawyers  (EOS-Gallup  survey  on  lawyers  and 
Community  law,  February  1995)  and  from  exchanges  of  views  organized  within  the 
group  of  experts  on  the  legal  professions  and  Community  law  set  up  by  DG XV  and 
comprising  judges,  lawyers  and  university  lecturers  appointed  by  each  Member  State. 
The  exchanges  of  views  organized  within  this  high-level  group  have  made  it possible  to 
assess existing  needs, define  the work that has to be done and,  accordingly,  set out basic 
guidelines  for  useful  intervention  by  the  Commission.  This  initiative,  designed  for  a 
specific  target  public  and  with  the  objective  of  ensuring  the  smooth  functioning  of  the 
Internal  Market,  complements  others  launched  by the Community,  such as the Leonardo 
da  Vinci programme  and  the  Jean  Monnet  Project,  or  the  Grotius programme  set  up 
under Article K.3 of the Treaty on European Union 

SCOPE AND OBJECTIVES OF THE ROBERT SCHUMAN PROJECT 

1.  The  Robert  Schuman  Project  is  conceived  as  a  targeted  awareness-raising  initiative 
which  is  designed  to  make  the  100 000  or  so  judges  and  450 000 lawyers  in  the 
Community  realize the importance of their role in ensuring the application of Community 
law  as  necessary  to  the  functioning  of  the  Internal  Market  and  to  provide  them  with 
additional  specific  resources to help them to play their role to the  full. 

2.  The Robert Schuman Project  is designed  to encourage and support  initiatives  launched 
in the Member  States.  Within that framework,  temporary  financial  support may be given 
to institutions dispensing  initial or continuing training or providing  information  for judges 
or  lawyers  which  wish  to  take  part  in  the  launch  of  Community  law  awareness-raising 
activities.  Since these activities must be designed to take place during a given period,  the 
Commission  will  undertake  to  provide  financial  support  only  for  a  limited  start-up 
period,  on  condition  that  recipients  undertake  to continue  their  work  without  support  as 
from  the date on which grants cease for  a period at least equivalent  to that for  which they 
were given. 

4 
5 

Notice of  13 February  1993 (93/C 39/05), OJ No C 39,  13.02.1993. 
Resolution of 29 June  1995 (95/C  188/01), OJ No C  188, 22.07.1995. 

3.  While  it  will  not  encroach  on  the  Member  States'  responsibility  for  training  legal 
professionals,  the  Robert  Schuman  Project  is  designed  as  an  instrument  for  raising 
awareness  of  Community  law  which  is  adapted  to  the  specific  needs  of  a  target  public. 
To  that  extent,  it  complements  other  Community  initiatives,  such  as  the  Leonardo  da 
Vinci programme  for  the  implementation  of  a European Community  professional  training 
policy,  the  Jean  Monnet  system  (which  is  mainly  designed  to  promote  teaching  on 
Community  law  at  university)  or,  within  the  framework  of  Title  VI  of  the  Treaty  on 
European Union,  the  Grotius  programme  (which  sets  out to  improve judicial  cooperation 
by  promoting  greater  awareness  of  the  national  legal  and judicial  systems  and cultures). 
The  Robert  Schuman  Project  will  develop  in  close  synergy  with  these  programmes  and 
will  endeavour  to  exploit  to  the  full  any  opportunities  for  common  initiatives  with  the 
relevant Commission departments. 

4.  As  envisaged  by  the  Commission's  work  programme  for  1996,  the  Robert  Schuman 
Project  was  launched  in  the  experimental  form  of  support  to  a  limited  number  of  pilot 
projects  during  1996.  This  support has  already  enabled  the courts,  professional  schools 
and bar associations  to organize decentralised  continuing  training  activities  in Community 
law  (ongoing  seminars  or  awareness-raising  days)  which  focus  on  practical  aspects  and 
often  have an inter-professional  dimension (judges  and lawyers attend together). 

LEGAL BASIS 

1.  The proposal  for  a decision  is based  on Article  100a of  the  EC Treaty.  The  effective 
and  uniform  application  of  Community  law  with  a  view  to  approximating  national 
legislation  is  a  condition  for  the  smooth  functioning  of  the  Internal  Market.  The 
Robert Schuman  Project  has  intentionally  been  integrated  into  overall  arrangements 
which,  from  monitoring  of  the  correct  transposai  of  Community  law  into  national 
legislation  to  the  penalties  applicable  in  the  event  of  that  law  being  breached,  are 
designed  to ensure  the optional  functioning  of  the Internal  Market*  It complements  these 
arrangements  by  conveying  the  idea  that,  in  addition  to  infringement  proceedings 
instituted  by  the  Commission  -  which  are  particularly  frequent  in  the  Internal  Market 
field  -  or  the  imposition  of  penalties,  the  effective  and  homogeneous  application  of 
Community  law  depends  on  raising  the  awareness  of  national  legal  professionals  whose 
task  it is to apply  that law on a decentralized basis. 

2.  The  training  of  and  provision  of  information  to  legal  professionals  to  whom  the 
Community  legal  system  and the regular doctrinal  input by  the Court of  Justice  assign an 
essential  role  is  not  an  end  in  itself  but  a  means  of  achieving  an  effective  and  uniform 
application  of  the  rules  necessary  to  the  functioning  of  the  Internal  Market.  To  that 
extent,  the  Robert  Schuman  Project  sets  itself  apart  from  the  objectives  laid  down  in the 
Community's  professional  training  policy  and  is  not designed  to  achieve  any  of  the  aims 
set  out  in  Article  127(2)  of  the  EC Treaty.  The  project's  objective  is  to  improve  the 
functioning  of  the  Internal  Market  and  not  to  improve  the  mobility  or  promote  the 
vocational  integration  or  retraining  of  the  persons  concerned,  and  the  training  in 

Community  law  envisaged  to  that  end  is  merely  one  of  several  means  (particularly 
improvements  in  information  on  Community  law)  used  to  achieve  that  aim.  This 
results-oriented  approach  is  in  line  with  the  philosophy  underlying  the  Matthaeus 
(vocational  training  of  customs  officials),  Matthaeus-Tax  (vocational  training  of  indirect 
taxation officials)  and Karolus  (training  of officials  engaged  in implementing  the Internal 
Market) programmes, all of which are based on Article  100a. 

SUBSTANCE OF THE PROPOSAL 

Article 1 determines  the  duration  and  scope  of  the  programme.  The  Robert  Schuman 
Project  is conceived  as a financial  support  instrument  for  initiatives  designed  to  improve 
training  in and  information  on Community  law  for  members  of the  legal  profession  who 
play  a direct,  crucial  role  in the process of  implementing  Community  law.  Accordingly, 
the programme  focuses  exclusively  on judges  and  lawyers,  who  are  at  the  very  heart  of 
the process.  Although  many other professions  (notaries, bailiffs,  corporate consultants or 
legal  advisers  to consumer  associations,  business  lawyers,  arbitrators,  ombudsmen  etc.), 
are  involved  in ensuring  that  Community  law  is  applied  correctly,  the  Robert  Schuman 
Project  would be in danger of losing its cohesion  if it were extended to cover all of them; 
above  all,  so  doing  would  spread  the  available  financial  resources  too  thinly  and  thus 
reduce  the  project's  effectiveness.  Lastly,  too  broad  an  approach  would  make  it 
extremely  difficult  to determine  who  was eligible,  since  not  all  legal  professions  -  apart 
from judges and lawyers - are defined  or regulated  in all countries.  But the possibility  of 
extending  the  scope of  the project  could  be envisaged  in connection  with  the  assessment 
and monitoring arrangements referred  to in Article 8. 

Article 2  spells  out  the  objectives  of  the  planned  support  programme,  which  is  designed  to 
encourage  and  support  training,  information  and  accompanying  initiatives  for  raising 
awareness  of  Community  law  among judges  and  lawyers  in  the  Member  States.  Initial  and 
continuing  training  in Community  law  and  access  to,  and  the  content  of,  information  in  that 
field  are  complementary  and  mutually  essential. 
It  is  emphasized  that  the  ROBERT 
SCHUMAN  Project  does  not  encroach  on  the  Member  States'  responsibility  for  defining 
course content or organizing training  in the professions  in question. 

Article 3 stipulates  that,  in order  to achieve  its objectives,  the ROBERT  SCHUMAN  Project 
is  an  instrument  of  intervention  that  consists  of  three  specific  sub-parts  aimed  to  support 
training  initiatives,  information  initiatives and accompanying  initiatives. 

Article 4 lays down the conditions governing eligibility  for  financial  support.  Institutions 
which  are  entrusted,  under  the  public  law  of  the  Member  States,  with  the  initial  or 
continuing  vocational  training  of judges  or  lawyers  are  eligible.  The  Article  contains  a 
restrictive  list of eligible  institutions. 
The  institutions  in  question  normally  carry  out  their  activities  at  local  or  national  level 
(courts,  bar  associations,  etc.)  or  at Community  level  (European  institutes).  This  means 
that  available  resources  will  be  concentrated  on  institutions  whose  vocation  and 
representativeness  are not in doubt. 

- 7 -

Article 5  lays  down  the  project  selection  criteria.  These  criteria,  which  were  selected 
after  broadly  based  consultations,  reflect  the  need  to  target  the  initiative  carefully  to 
ensure  maximum  effectiveness  while  also  allowing  for  the  diversity  of  training  and 
information arrangements for judges and lawyers in the Member States. 

(a)  Training  or  information  projects  must have a practical  dimension and be designed to 
transmit knowledge  which  is immediately  useful  to practice of the profession  of judge  or 
lawyer.  The  Robert  Schuman  Project  will  seek  to  raise  awareness  of  Community  law 
from  a professional  and  practical  viewpoint  rather  than  by  contributing  to  the  academic 
debate.  This criterion applies primarily  to the content of training or information  but also 
concerns the choice of teaching methods and instruments used. 

(b)  In that connection,  the envisaged  initiatives must be accessible to, and useful  for,  the 
greatest  possible  number  of judges  and  lawyers.  In  other  words,  rather  than  seeking  to 
reinforce  high-level  doctrinal  discussions,  initiatives  will  concentrate  on  generating 
curiosity  amongst target groups  which are entirely  or largely unfamiliar  with  Community 
law.  The  project  will encourage  decentralized  awareness-raising  initiatives  aimed  at the 
greatest  possible  number.  It  is designed  to complement,  rather  than duplicate,  the  work 
carried  out  by  those  associations  or  specialist  institutes,  whose  activities  are  mostly 
targeted  on  groups  which  are  already  aware  of  the  issues  at  stake  and  are  mainly 
interested  in updating or improving their knowledge. 

(c)  The  measures  envisaged  will  be  organized  in  a  way  which  reflects  the  needs  of 
professional  practice. 
In  particular,  emphasis  will  be  given  to  awareness-raising 
initiatives which can be integrated  into the work  schedules of the practitioners  concerned 
or  to  decentralized  initiatives  whose  impact  is  enhanced  by  geographical  proximity. 
Institutes with a European  dimension (the Bruges-based  College of Europe,  the  Florence 
University  Institute,  the  Academy  of  European  Law  at  Trier,  the  European  Institute  for 
Public  Administration  at  Maastricht/Strasbourg,  the  Strasbourg  European  Centre)  which 
may apply for  support will also be encouraged to comply with this criterion. 

(d)  The  costs  associated  with  the  envisaged  measures  must  be  reasonable  and  quality 
must  be  adequate.  Budget  forecasts  for  these  measures  must  show  that  costs  reflect 
normal  market  costs  and  that  the cheapest  possible  solutions  compatible  with  qualitative 
objectives  have  been  selected.  Eligible  institutes  will  be  encouraged  to  pool  their 
resources to ensure that they comply. 

Optional assessment criteria may also be taken into account: 

(a)  Emphasis  will  be  laid  on  the  inter-professional  dimension.  Getting  judges  and 
lawyers  to  confront  their  respective  approaches  to  Community  law  together  is  a 
particularly  effective  way  of  raising  awareness.  Making  this  assessment  criterion 

- 8-

optional  is  designed  to  allow  for  the  particular  difficulties  that  sometimes  arise  in 
implementing  this  in practice  - especially  as a result  of  the major  differences  in the way 
the courts and bar associations work together  in the various Member States. 

(b)  Great  importance  will  also  be  attached  to  the  cross-border  dimension  of  initiatives, 
which should  prove enriching  to all parties.  But  it would  be contrary  to the  spirit  of the 
Robert Schuman Project,  which sets out first  and foremost  to stimulate and encourage the 
provision  of  training  and  information  in  Community  law  which  is  as  decentralized  as 
possible  and  at  a  moderate  cost,  to  make  this  a  formal  selection  criterion.  While 
improving  cooperation  and  coordination  between  parties  with  a  transfrontier  dimension 
(such as the institutes referred  to in point  (c) above) must be encouraged  where possible, 
it  is  only  a  partial  response  to  the  objectives  set  by  the  Robert  Schuman  Project  and 
cannot,  in itself,  meet  all existing  needs.  But the experience  acquired  by  these  institutes 
will  be drawn  on since Article 3(d) recognizes  that they  are eligible  and  that the  pooling 
of resources  in partnerships  as provided  for  by Article 4(d) is also designed  to encourage 
synergy between these institutes and other parties. 

Article 6 lays down the support  arrangements.  Assisted  initiatives  must be conceived  to 
allow  for  completion  within  a  given  time,  since  the  Commission's  financial  support  is 
granted  for  a  limited  initial  period  (one  or  two years)  on  the  basis  of  a commitment  by 
the recipient to continue  its work without  support from  the Commission,  as from  the date 
on which grants cease,  for  a period  at least equivalent to that for  which they  were given. 

Article 7 lays down the conditions of implementation of the Robert  Schuman Project.  In 
particular,  a call  for  expressions  of  interest  is  to  be  published  in  the  Official  Journal  of 
the European Communities  to inform  potential  applicants  of the conditions  governing  the 
award of grants.  These conditions will be set out in a handbook for applicants. 

Article 8,  while  not  anticipating  the  developments  to  which  these  initiatives  may  give 
rise,  vests  responsibility  with  the  Commission  for  seeking  possible  synergy  between  the 
Robert  Schuman  Project  and  training  or  information  initiatives  concerning  Community 
law  developed  elsewhere.  With  regard  to  training,  it  states  that  the  Robert  Schuman 
Project  complements action carried out under other programmes  such as the Leonardo da 
Vinci programme,  the  Jean  Monnet  Project  or  the  Grotius  programme.  As  regards 
information  on  Community  law,  the  Robert  Schuman  Project  will  endeavour  to  convey 
and  improve,  for  its target  public,  initiatives  already  launched  by  the Commission  in the 
field (cf.  content  and  access to data  bases,  consolidation  work,  documentation  networks, 
etc). 

Article  9  states  that  the  Commission  is  responsible  for  assessing  and  monitoring  the 
programme  with a view to effecting  any  necessary  adjustments.  Monitoring  and  periodic 
assessment  are  subject  to  the  opinion  of  the  Parliament,  the  Council,  the  Economic  and 
Social  Committee  and  the  Committee  of  the  Regions.  An  assessment  report  is  to  be 
submitted  by 31 December  1999 at the latest. 

Article  10 sets the date on which the Decision enters  into force. 

- s>  -

rKaroent and Council Decision establishing an 

action programme to improve awareness of Community law 

(Mwrt  r>i1tymMi  frwtfrt) 

Tïffi  EU1IOPEAN  PARLIAMENT  AND  THE  COUNCIL  OF  THE  EUROPEAN 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  lOût thereof, 

Havirç regard to Ihe proposal  from  the Commission, 

Having peg&rd to fee opinion of the Economic and Social Committee, 

Acting m compliitace with the procedure laid down by Article  189b of the Treaty, 

(1)  Whereas  Deciaratiofi  (No  19) on  the  implementation  of  Community  law  annexed  to 
the  Fiffial  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  market  has required  a considerable  legislative 
effort  involving,  inter alia, the approximation of national  laws with a view to creating  an 
area wimout  frontiers; 

(3)  Whereas  me  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 richts 
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 
in  implementing 
those  members  of  the  legal  professions  most  directly 
Community  law,  i.e. judges and lawyers, are sufficiently  informed  and trained  to do so; 

involved 

-lo-

(6)  Whereas  the  Commission  communication  to  the  Council  of  22 December  1993 
"Making  the  most  of  the  internal  market:  strategic  programme"1  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; 

(7) Whereas,  in its Resolution of  13 February  1996 on the Commission's  Twelfth  Annual 
Report on monitoring the application of Community  law,2 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 cooperation  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  organization  or  content  of  training  for  judges  and 
lawyers; 

(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; 

(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. 

HAVE DECIDED AS FOLLOWS: 

n -

ArtkleJ. 

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. 

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. 

Arlicje_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; 

(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; 

(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 organizing 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 Member States - at local, regional or 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. 

The institutions concerned are: 

2. 
(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. 

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. 

(&) AccessiMMty 

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. 

/S  -

(c) Adjustment  to  constraints  of professional  practice 

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, 
economy  and 
in  particular 
cost-effectiveness. 

financial  management, 

the  principles  of 

sound 

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  measures  (targeted  on  or  involving  both judges  and 
lawyers); 

(b)  cross-border  dimension  of measures  (targeted  on or  involving  nationals  of more  than 
one EU Member  State). 

Articje_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  realize  projects. 
Financial  support  thus  awarded  may  not,  therefore,  entail  the  realization  of  direct  or 
indirect profits. 

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. 

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. 

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). 

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. 

Article 10 

Entry into force 

This Decision shall enter into force  with effect  from  1  January  1997. 

-le-

Financial Statement 

1. NAME OF THE PROJECT: 

Robert  SCHUMAN  Project  to  improve  awareness  of  Community  law  within  the  legal 
profession. 

2. BUDGET HEADING INVOLVED: 

B 5 300: Internal Market. 

3. LEGAL BASIS: 

Article  100A of the EC Treaty. 

4. DESCRIPTION OF THE PROJECT: 

4.1 General objective of the action: 

The  Robert  SCHUMAN  Project  is  designed  to  improve,  in  the  jurisdictions  of  the 
Member  States,  the  application  of  Community  rules  that  are  necessary  for  the  proper 
functioning  of the Single Market by improving the knowledge and training of judges and 
lawyers in Community  law. Recognising the essential role of these legal professionals  for 
the  smooth  operation  of  the  Internal  Market,  it  aims to  help  these  professionals  to  best 
assume their responsibilities. 

The  Robert  SCHUMAN  Project  will  help  eligible  institutions,  by  means  of  temporary 
and  conditional  support,  to  launch  training  or  information  activities  in  Community  law 
for  judges  and  lawyers  as  well  as  to  launch  support  initiatives  likely  to  increase  the 
effects  of training or information  initiatives. 

4.2 Period covered by the action and renewal of the action: 

The Robert SCHUMAN  Project is undertaken for a duration of three years. 

5. CLASSIFICATION  OF EXPENDITURE: 

Non-compulsory expenses/Dissociated  credits 

6. TYPE OF EXPENDITURE: 

The subsidies  of the  Robert  SCHUMAN  Project  provide additional  financial  support  for 
the  achievement  of  projects  to  improve  awareness  of  Community  law  for  which 
beneficiaries  do not have sufficient  resources (their own or from other financial  sources). 

-n 

In order  to  ensure  the  continuity  of the  supported  projects,  the  beneficiary  of  a  subsidy 
under  the  Robert  SCHUMAN  Project  will  undertake  to  continue  his  action  without 
support as from  the date on which grants cease for a period at least equivalent to that  for 
which they were given. 

7. FINANCIAL IMPACT: 

7.1 Method of calculation of the total cost of the project: 

A. The total cost of the project results from the addition of two types of expenditure: 

-  the subsidies  of the Robert SCHUMAN  Project are  granted  for  the  launching,  in  the 
Member States, of training, information  or support initiatives. 

Training  initiatives  will  entail,  for  example,  seminars, evening  courses, crash  courses or 
other initiatives aimed at training judges or lawyers in Community  law which respond to 
the  selection  criteria  of  the  Robert  SCHUMAN  Project  (Practical  use,  accessibility, 
adjustment  to constraints of professional  practice,  cost-effectiveness). 

Information  initiatives  will  entail,  for  instance, the  creation  of  libraries  or  improvement 
of  their  facilities,  documentation  centres  for  professionals,  or  publishing  information 
aids. 

initiatives  will  entail  complementary 

Support 
facilitate 
implementation  of  the  above  two  forms  of  support,  complementing  them  or  enhancing 
their  impact.  Such  initiatives  could  be,  for  example,  projects  for  the  "training  of  the 
trainers" of the judges or lawyers. 

initiatives 

likely 

to 

-  the  expenditure  on  management  and  monitoring  of  the  Robert  SCHUMAN  Project 
should be used to maximise its and evaluate its  effectiveness. 

These expenditures will cover: 

a)  the  publishing  of  practical  aids  for  awareness-raising  intended  for  large  scale 
distribution  amongst  professionals.  These  instruments  will  be  5  Collections  of  case 
studies  in  Community  law  for  professionals  (applying  to  commercial  law,  tax  law, 
consumer  law, social  law  and  competition  law) and  15 guides  on  access  to  information 
about Community  law in each Member State, 

b) the carrying out of a survey aimed at evaluating the effects  of the Robert  SCHUMAN 
Project at its end. 

B.  The  total  cost  of  the  Robert  SCHUMAN  Project  is  evaluated  according  to  the 
following calculation: 

- Subsidies: 3 600 000 ECUs 

~/f-

On the  basis  of calculations  drawn,  in  particular,  from  pilot  studies  carried  out  in  1996, 
the amount of the average subsidy asked of the Commission should be in the region of 20 
000  ECUs.  If this  figure  is compared  to the  objective  of  supporting  3 projects  for  each 
Member State (3 x 20 000 x  15), a total of 900 000 ECUs is obtained  for  1997. It is then 
possible to adopt the objective  of supporting  4 projects  per Member  State (4 x 20 000 x 
15 -  1  200 000) for  1998 then 5 projects for  1999 (5 x 20 000 x 15 = 1 500 000). 

These evaluations are however only theoretical  and indicative, since financial  needs will 
not reach in all the cases the 20 000 ECUs envisaged, which would then make it possible 
to support a larger number of projects. 

Furthermore,  the  starting  points  and  the  existing  needs  as  regards  awareness-raising  in 
Community  law are not the same in Luxembourg as in Finland for  instance, and it would 
be counter-productive to ensure strictly that each Member State benefits every year of the 
programme's duration of the 3, 4 or 5 projects mentioned above. 

- Management and monitoring: 2 000 000 ECUs 

For  the  management  and  monitoring,  the  amount  obtained  is  the  total  of  three 
expenditures: 

a)  The  publishing  of  15  "Guides  to  access  to  information  on  Community  law"  will  be 
done in two steps: two guides, relating to France and Greece, have already  been  ordered 
by invitation  to tender  (in  1996 budget) and yet will have to be published  from  the  1997 
resources.  The  guides  pertaining  to  the  13  other  Member  States  must  be  designed  by 
invitation to tender in  1997  to be published in 1998. 

The total cost of this operation  (printing of the two already  produced  guides, design and 
printing  of  the  13 others),  according  to  estimates  based  on  the  design  costs  of  the  two 
guides already  ordered  and the figures provided  by the OOPEC  is calculated  to be  1  450 
000 ECUs (13x25 000, that is 325 000 ECUs for the design and  15x 75 000, that is  1 125 
000 ECUs for printing/distribution). 

b)  The  preparation  of  5  "Collections  of  case  studies  in  Community  law"  applied  to  5 
major branches of Community  law, intended to be translated into the  11 languages of the 
Union,  has  already  been  completed  by  invitation  to  tender  (1996  budget).  These 
collections will be printed and distributed in 1997. 

The total cost of this printing/distribution  for  1997 is evaluated at ECU 400 000 (5 guides 
x 80 000 ECUs). 

c) The cost of carrying out an evaluation  survey  at the end of the project  is calculated  to 
be  150 000  ECUs, which  is roughly  the cost of the same type of survey financed by DG 
XV in 1995. 

Grand total: 

It is envisaged reserving a financial  package indicative of 5 600 000 ECUs in operational 
credits for the carrying out of this programme. 

- / 9-

7.2 Breakdown of elements of the action. 

Breakdown 

Subsidies 

Training 

Information 

Support 

Total 

Management 

Year 
1997 

0,50 

0,35 

0,05 

0,9 

1998 

1999 

Total 

0,70 

0,40 

0,10 

1,2 

0,90 

0,45 

0,15 

1,5 

2,1 

1,2 

0,3 

3,6 

Awareness-raising  aids 

0,7 (/) 

0,625 (2) 

0,525 (3) 

1,85 

Evaluation  survey 

Total: 

Total: 

0,150 

0,675 

0,625 

1,825 

2,175 

0,150 

2 

5,6 

0,7 

1,6 

1) Details for  1997: 
- printing/distribution  of 2 Guides: 75 000x2=150 000 ECUs 
- printing/distribution  of 5 Collections: 80 000x5=400 000 ECUs 
- designing of 6 Guides by invitation to tender 25 000x6=150 000 ECUs 
Total: 700 000 ECUs 

2) Details for  1998 
- designing of 7 Guides by invitation to tender: 25 000x7=175 000 ECUs 
-printing/distribution  of 6 Guides ordered in  1997: 75 000x6=450 000 ECUs 
Total: 625 000 ECUs 

3) Details for  1999 
- printing/distribution of 7 Guides ordered in  1998: 75 000x7=525 000 ECUs 

*~otk>  -

7.3  Schedule 
appropriations: 

of 

repayments 

for 

commitment 

appropriations/payment 

Year 
1997 
1,6 

0,8 

Commitment  appropriations 

Payment appropriations 

Yearn 
n+1 
n+2 
and following  fiscal  years 

1998 
1,825 

1999 
2,175 

2000 

Total 
5,6 

0,8 
1 

0,825 
1,175 

1 

1 

5,6 

Total 

0,8 

1,8 

2 

8. ANTI-FRAUD PROVISIONS  ENVISAGED 

The  actual  payment  of  the  subsidies  is  carried  out  at  the  end  of  the  fiscal  year  only  in 
view  of  a  detailed  financial  calculation  certified  by  the  beneficiary.  The  latter  also 
commits  itself  to  keeping  all  of  the  justifying  accounting  information  relating  to  the 
action  undertaken  over  three  years and to  subjecting  itself  to possible  controls  provided 
for  by  the  financial  regulations.  Anti-fraud  provisions  (provisions  concerning  controls, 
the  handing-over  of  management  reports  and  of financial statements)  will  appear  in  the 
"declarations of the beneficiaries  of a Robert SCHUMAN subsidy" signed by the selected 
candidates. 

9. ELEMENTS OF COST EFFECTIVENESS  ANALYSIS 

9.1 Specific quantifiable  objectives, population concerned: 

- Specific quantifiable objectives: 

The  specific  objectives  of  the  Robert  SCHUMAN  Project,  of  a  quantitative  and 
qualitative nature, are in particular: 

a) As regards training: 

- to give rise to the  launching  of high  quality  practical  training  activities  in  Community 
law,  by  the  institutions  responsible  for  the  initial  or  continuing  training  of  judges  or 
lawyers,  intended  for  these  professionals  (cf.  creation  of  new  courses  or  specific 
seminars, implementation of crash courses). 

- to allow in this way the raising of awareness of Community  law of a broad spectrum of 
judges and lawyers still not fully  informed. 

- to encourage  the development of methods of training  in Community  law adapted  to the 
needs of the professional  practice of the judges and lawyers. 

-  to  encourage,  when  possible,  interprofessional  dialogues  between judges  and  lawyers 
concerning questions of application of Community law. 

-  to  encourage,  when  possible,  dialogues  between  judges  and  lawyers  of  different 
Member States as regards questions of application of Community law. 

b) As regards information: 

-  to  encourage  the  creation  or  the  development  of  accessible  information  sources  and 
aids,  able  to  be  kept  up  to  date  and  of  practical  use  in  Community  law  (professional 
documentation  centres,  professional  databases,  professional  news  bulletins  ...)  for  the 
attention of judges and lawyers. 

-  to  improve  the  conditions  of  access,  for  judges  and  lawyers,  to  information  on 
Community  law and to improve in particular the distribution of information  pertaining to 
information  sources and aids available for Community lawyer these professionals. 

-  to  encourage  recourse  to  new  information  technology  as  regards  the  knowledge  of 
judges and lawyers of Community law. 

-  to  emphasise  the  practical  and  professional  dimension  of  the  content  of  information 
available in the field of Community law. 

c) As regards support initiatives: 

-.  to  encourage  the  constitution  of  networks  for  exchanging  experiences  in  areas  of 
training and informing the judges and lawyers about Community law. 

-  to  give  rise  to  the  implementation  of  projects  for  training  the  trainers  of  judges  or 
lawyers in Community law. 

- Population concerned: 

The final beneficiaries  of the  Robert  SCHUMAN  Project  are the judges  and  lawyers  of 
Member States (450 000 lawyers and  100 000 judges). 

The  direct  beneficiaries  of  the  subsidies  (eligible  intermediary  institutions)  are  the  non 
profit  institutions  recognised  by  the  Member  States,  having  as  vocation  the  training  or 
informing  of judges and/or  lawyers. A restrictive  list of these eligible candidates  appears 
in Article 3 of the draft  Council decision creating the Robert SCHUMAN  Project. 

9.2 Justification  of the Project 

-  The need for  Community budgetary intervention: 

The  smooth  operation  of the  Internal  Market  depends  mainly  on the  ability  of  national 
legal  professionals  to  apply  the  rules.  The  aptitude  required  clashes  with  a  deficit  of 
information  and  training  stressed  several  times,  whether  by  the  SUTHERLAND  report 

-.sa-
(1992),  the  Strategic  Programme  "Making  the  most  of  the  Internal  Market"  (1993)1  a 
survey financed  by the Commission  in  1995 of a cross-section of lawyers in the EU2, or 
by  the  European  Parliament  at  the  annual  debates  on  monitoring  the  application  of 
Community law3. 

This deficit  in the effort  to raise awareness of Community  law can be explained  both by 
the low level of appreciation  of the potential  and the ambit of this law on the part of the 
relevant  professions,  and  by  the  poor  financial  resources  made  available  to  remedy  the 
situation,  the  latter  problem  being  both  the  cause  and  effect  of  the  former.  In  order  to 
break this pattern,  it was judged  useful,  in particular  following  the tripartite  meetings  of 
high  level  experts  (judges,  lawyers,  universities)  organised  by  the  Commission  in  1995 
and  1996,  to  set  up  a  specific  mechanism  for  financial  stimulation  centred  on  the 
professionals  playing  a  fundamental  role  in  the  application  of  Community  law.  The 
existence  of the  Robert  SCHUMAN  initiative testifies  to the importance  attached  by the 
Community  to the  role  of judges  and  lawyers  in the  full  application  of  Community  law 
and  above all  to provide  all  eligible  institutions  with  access to the financial resources to 
implement awareness raising projects in this area. 

Hoping that these professionals  will take upon themselves this task of general interest  for 
the better of the smooth running of the Internal Market, the Robert SCHUMAN Project  is 
the essential  complement  of the  "Citizen's  First"  initiative  begun  by the  Commission  in 
order  to  enable  the  European  citizen  to  know  his  rights  in  the  Union.  Indeed  it  seems 
illusory  to  encourage  the  European  citizen  to  take  advantage  of  his  rights  under  the 
Community  legal  order  if  the  professionals  required  to  breath  life  into  these  rights  in 
Member States' jurisdictions are not familiar with their existence or contents. 

The launching  of such an initiative was announced  in the Strategic Programme  "Making 
the most of the Internal Market" and in the end, the subject of reiterated requests from  the 
European Parliament, was adopted by resolution  13 February  1996. 

Choice of methods for  the project: 

The extreme diversity  of the organisation  of the professions  concerned,  and  in particular 
of  the  training  systems  practised  in  the  Member  States,  implied  the  adoption  of  a 
Community  support programme likely to provide qualitative criteria and a framework  for 
the  initiative  while  leaving  the  choice  of  certain  practical  methods  of  implementation, 
being decentralised and respectful  of national diversity, to the beneficiaries. 

The  Community  intervention  does not  aim to affect  the  informing  or the training  of the 
legal  professions  concerned,  in  line  with  the  principle  of  subsidiarity,  but  simply  to 
propose to those interested  potential financial  support intended to improve knowledge of 
Community law. 

The advantages of the present system compared to other existing or possible  systems are 
in  particular,  as  regards  training,  to  encourage  local  and  decentralised  initiatives  rather 
than  the organisation  of  transnational  events  involving  high  organisation  or  travel  costs 
and  being  addressed  to  an  already  "aware"  or  sufficiently  interested  public.  The  dual 

1 COM (93) 632 
2  EOS Gallup-Europepoll, February  1995 
3  Resolution  13/2/1996, OJEC C 65 (4/3/96) p.37 

objective  of  the  action  is  firstly,  as  locally  as  possible,  to  make  the  experts  concerned 
realise  the  importance  of  their  role  regarding  the  application  of  Community  law  and, 
secondly, to suggest to them the methods of satisfying  the curiosity thus aroused. 

The  pilot  studies  carried  out  according  to  these  principles  during  1996 met  with  a real 
receptivity  on the part of the experts concerned.  The principal  uncertainty  factors  which 
could affect  the specific  results of the action are due to the number of candidatures  likely 
to  appear  at  the  time  of  its  implementation.  Too  great  a  number  of  candidatures  (a 
possible hypothesis given the success of the action during the pilot phase) would  lead to 
having  to  examine  the  projects  with  greater  selectivity  so  as  to  avoid  spreading  the 
available resources too thinly. 

9.3 Monitoring and evaluation of the project: 

- Performance Indicators 

a)  The performance  indicators  initially  available  will be primarily  output  indicators  and 
the  conceivable  evaluation  instruments  in  the  first  phase  of  operation  of  the  projects 
(years n and n+1) will essentially be immediately available data such as: 
-  the  volume  of  candidatures  addressed  to  the  Commission  (requests  for  application 
forms),  which will  itself provide a first indication of public awareness of the project  and 
of the level of its reception by the sectors concerned, 
-  the  number  of  projects  selected  each  year,  which  will  in  itself  be  a  useful  "interest 
indicator" , 
- the total number of final beneficiaries  (target population) of the projects  undertaken, 
- the perception  of the target population, evaluated by a survey of the beneficiaries  of the 
actions and the establishment of a satisfaction  index of the effectiveness  of the operations 
undertaken. 

b)  More  general  impact  indicators  could  be  exploited  as  soon  as  the  action  reaches 
maturity: 
- a survey of all the professions  concerned  (beyond simply the beneficiaries  of the Robert 
SCHUMAN  Project),  on  the  model  used  in  1995  (see  paragraph  9.2),  will  make  it 
possible to evaluate the development  of the familiarity  of the professions  concerned  with 
Community  law and  will provide, by comparison  with  the  1995 results, good  indicators 
of the progress achieved thus far, 
- the trend  in the number of preliminary  questions brought before  the European  Court of 
Justice will also provide a relevant indicator. 

- Methods and timing of the envisaged evaluation: 

The evaluation of the supported  actions will take place at the end of each year of support 
on the basis of the management  and evaluation  report provided  by the beneficiary,  of the 
results  of  direct  surveys  urged  on. by  the  Commission  and  of  any  other  available 
elements.  For  each  action,  a  detailed  evaluation  report  will  be  prepared  by  the 
Commission departments. 

- Analysis of the results obtained: 

< 2 ^_ 

Each year an annual report will be written on the Robert SCHUMAN  Project  as a whole. 
A final evaluation  report  will  also  be prepared  at the end  of the  programme. These  two 
reports  will  be  forwarded  to  the  Council,  Parliament,  the  Economic  and  Social 
Committee and to the Committee of the Regions. 

r>L 

-> 

10.  ADMINISTRATIVE  EXPENDITURE  (PART  A  SECTION  III  OF  THE 
GENERAL BUDGET) 

The  mobilisation  of  necessary  administrative  resources  will  result  from  the  annual 
Commission  decision  relating  to the allocation  of resources, taking  account  in  particular 
of  manpower  and  of  the  additional  amounts  which  will  have  been  granted  by  the 
budgetary  authority. 

The  resources  necessary  to  cover  administrative  expenditure  below  will  be  obtained  by 
redeployment of the existing financial  resources and do not involve recourse to additional 
resources. 

10.1 Consequences for the number of jobs: 

Type of job 

Manpower to assign to 
management of action 

Permanent 
jobs 

Temporary 
jobs 

Officials  or 
temporary 
agents 
Other resources 

A 
B 
C 

Total 

1 
1 
1 

3 

by use of 
existing 
resources 
within the DG 
or the service 
concerned 
1 
1 
1 

3 

Duration 

by recourse to 
supplementary 
resources 

10.2  Overall financial  consequences of the additional human resources: 

Amount 

Method of Calculation 

Officials 
Temporary  agents 
Other resources 
(indicate budget heading) 

Total  [ 

1 

10.3 Increase in other administrative expenses arising from the action: 

Budget Heading (no & title)  Amounts 

Method of calculation 

Meetings  A  250 

30 000 

- Annual meetings of experts 
evaluated at 3 x 10 000 ECUs 

Total 

30.000 

Amounts correspond  to the total expenditure of the action for the total three year duration 
planned 

£c 

1)  This  amount  corresponds  to  the  cost  of  the  meetings  of  the  group  of  experts; 
"Information  and  Training  for  the  legal  professions  for  the  application  of  Community 
law" organised up to now by DG XV. 

<&3  -

ISSN 0254-1475 

COM(96) 580  final 

DOCUMENTS 

EN 

10  06  16  01 

Catalogue  number  :  CB-C0-96-579-EN-C 

ISBN 92-78-11535-5 

Office  for Official  Publications of the European  Communities 

L-2985  Luxembourg