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)
Date: 1997-11-07
Institutions: European Commission
Subjects: EU law, action programme, legal profession, single market, vocational training

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 
a  considerable 
i—•:'•.:  has 
legislative  effort  involving,  inter alia, the 

required 

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 
the  rights  and  guarantees 
benefit  from 
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 
in 
implementing  Community  law,  i.e. judges 
and  lawyers,  are  sufficiently  informed  and 
trained to do so; 

involved 

(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 
legal 
unless 
professions  most  directly  involved  in  the 
administration  of 
judges, 
prosecutors  and  lawyers  are  sufficiently 
informed and trained to do so; 

those  members  of 

justice, 

the 

i.e. 

to 

the 

Whereas 

the  Council 

Commission 
(6) 
communication 
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; 

to 

the 

the 

Whereas 

importance, 

the  Council 

Commission 
(6) 
communication 
of 
22 December 1993 "Making the most of the 
internal  market:  strategic  programme"4 
to  persons 
emphasises 
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; 

in 

law,5 

Parliament 

its  Resolution  of 
(7)  Whereas, 
13 February  1996  on 
the  Commission's 
Twelfth  Annual  Report  on  monitoring  the 
the 
application  of  Community 
European 
the 
Commission  to  put  forward  a  programme 
for the purposes of training and informing 
the  field  of 
the 
Community  law with a view to making the 
application  of  Community  law by  national 
courts more uniform and effective; 

legal  professions 

asked 

in 

awareness 

(8)  Whereas 
of 
raising 
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; 

awareness 

(8)  Whereas 
of 
raising 
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 
the  Member States 
organisation  or  content  of  training  for 
jvù^~s and lawyers; 

in  determining 

(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; 

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; 

the  activities  of 

(10a)  Whereas 
the 
to  have  a  direct 
professionals  referred 
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; 

from  checks  on 
into  national 

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

to  ensure 

requirements 

(12)  Whereas  achieving 
this  objective 
entails  using  specific  resources  adapted  to 
the 
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, 

(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 
the  correct 
which, 
checks  on 
legislation  of 
transposai 
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; 

into  national 

from 

and 

requirements 

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

justice, 

i.e. 

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 
to 
from 
the  period 
31 December 1999. 

1  January  1997 

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. 

Article 2 

Objectives of the Robert Schuman Project 

1. The Robert Schuman Project shall: 

:_LL to 

1.  This  Decision  sets  up  the  programme 
known as the "Robert Schuman Project"  for 
the  period 
.  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. 

the  European  Union 

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

justice, 

i.e. 

the 

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

or 

the 

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

involved 

justice, 

i.e. 

or 

in 

(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 
judges 
prosecutors and lawyers; 

justice, 

i.e. 

(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 
training  and 
support  and  complement 
information  work  on  Community 
law 
undertaken by the Member States while not 
their  responsibility  for 
encroaching  on 
defining  course  content  and  organising 
vocational train 

Article 3 

Instrument of Community intervention 

The  Robert  Schuman  Project 

1. 
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: 
"information" 
"accompanying initiatives ". 

"training", 

Article 4 

Eligibility 

institutions  responsible 

1.  The 
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: 

institutions  responsible 

the  1.  The 

in 

in 

- 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: 

and 

equivalent 

associations 

the  Ministries  of  Justice,  Judicial 

(a) the courts; 
(b)  bar 
professional bodies; 
(c) 
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 
continuing training of judges or lawyers. 

initial  or 

Article 5 

Project selection criteria 

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

training  of 

1.  Eligible 
institutions  shall  apply  for 
financial  support under the Robert Schuman 
Project 
training, 
submitting 
information  or accompanying project to the 
competent Commission departments. 

by 

a 

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 
the 
in, 
immediately  useful 
day-to-day practice of their profession. 

(b) Accessibility 

(b) Accessibility 

shall 

raise 
The  measures  envisaged 
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. 

shall 

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

(c)  Adjustment 
professional practice 

to 

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 

Project, 

When  assessing  projects  submitted  under 
the 
Schuman 
the  Robert 
Commission  shall work on the basis of the 
the  relevant 
principles 
financial  regulations, 
the 
principles  of  sound financial management, 
economy and  cost-effectiveness. 

laid  down  by 

in  particular 

Costs  entailed  by  the  measures  envisaged 
shall be consistent with their objectives. 
Cost-effectiveness  may  be  improved  by 
partnerships 
several  eligible 
involving 
institutions which pool their resources. 

3. Complementary optional criteria: 

The  following  optional  assessment  criteria 
shall also be taken into account: 

inter-professional  dimension  of  (a) 

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

inter-professional  dimension 

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 
Financial 
be  used  to  realise  projects. 
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. 

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. 

from 

Exceptionally  a  derogation 
that 
obligation may be granted if the nature of a 
project  prevents  its  continuation  or  if  the 
recipient  is  confronted  by  circumstances 
that  prevent 
from  being 
the  project 
continued. 

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

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. 

shall  be 

4a.The  financial  support  accorded  by  the 
the 
EU  budget 
appropriations 
the 
by 
keeping  with  the 
budgetary  authority  in 
financial perspectives. 

accorded 

linked 

to 

11 

Article 7 

Implementation 

1.  The  Commission  shall  determine  the 
arrangements 
this 
programme. 

implementing 

for 

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 
conditions 
and 
governing the award of grants. 

objectives 

Article 8 

Cohesion of Community action 

the  Member States, 

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

the  Member States, 

1.  The  Commission  shall  be  responsible, 
together  with 
for 
ensuring  overall  cohesion  and  budgetary 
complementarity  between  this  programme 
and 
or 
information initiatives. 

other  Community 

training 

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 
level,  or  the 
integration  at  university 
Grotius  programme  of 
incentives  and 
legal  practitioners  (joint 
exchanges  for 
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 

the  Member States, 

1. The  Commission,  acting  in  conjunction 
with 
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. 

shall 

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

the  Economic 

Article 10 

Entry into force 

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

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 
and  Social 
Council, 
the 
Committee  and 
Regions  by  11L  at  the  latest.  A  list  of  the 
beneficiaries  of 
the  Robert  Schuman 
be  published  in  an  annex 
Project  shall 
to the report. 

the  Committee  of 

the  Economic 

13 

ISSN 0254-1475 

COM(97) 596 final 

DOCUMENTS 

EN 

06  04  01 

Catalogue number  :  CB-CO-97-606-EN-C 

ISBN 92-78-27462-3 

Office  for Official  Publications of the European Communities 

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