Decision No 1496/98/EC of the European Parliament and of the Council of 22 June 1998 establishing an action programme to improve awareness of Community law within the legal professions (Robert Schuman project)
Date: 1998-06-22
Institutions: Council of the European Union, European Parliament
Subjects: EU law, action programme, application of EU law, legal profession, legal status

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Official Journal of the European Communities

14. 7. 98

DECISION No 1496/98/EC OF THE EUROPEAN PARLIAMENT AND OF
THE COUNCIL

of 22 June 1998

establishing an action programme to improve awareness of Community law
within 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 Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Acting in accordance with the procedure laid down in
Article 189b of the Treaty (3),

for

(1) Whereas Declaration No 19 on the implementa-
tion of Community law annexed to the Final Act of
the Treaty on European Union stresses that it is
essential
the
taken by the
Community that
different Member
in
result
States
Community law being applied with the same ef-
fectiveness and rigour as in the application of their
national law;

functioning of

the measures

the proper

should

(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 without internal frontiers;

(3) Whereas the effective and uniform application of
the Community rules in question represents a new
priority which is essential
to the smooth func-
tioning of the internal market;

(4) Whereas those Community rules on the freedoms
of the internal market which have direct effect may
be invoked before any national court in accordance
with procedures defined by national law; whereas
citizens, consumers and undertakings must be able
to rely on the application of those rules and to
benefit from the rights and guarantees which they
confer in the Member States as a whole; whereas
legal certainty and the credibility of the internal
market are at stake as is, more generally, con-
fidence in the whole process of European integra-
tion;

(1) OJ C 378, 13. 12. 1996, p. 17, and OJ C 368, 5. 12. 1997,

p. 6.

(2) OJ C 206, 7. 7. 1997, p. 63.
(3) Opinion of the European Parliament of 24 October 1997 (OJ
C 339, 10. 11. 1997, p. 410), Council Common Position of
9 March 1998 (OJ C 135, 30. 4. 1998, p. 25) and Decision of
the European Parliament of 30 April 1998 (OJ C 152, 18. 5.
1998).
Council Decision of 18 May 1998.

(5) Whereas citizens, consumers and undertakings will
be unable to assert all
the
Community legal order before any national court
unless those members of the legal professions most
directly involved in applying Community law,
namely judges, prosecutors and lawyers, are suffi-
ciently informed and trained to do so;

rights under

their

the smooth functioning of

(6) Whereas the Commission communication to the
Council of 22 December 1993 entitled ‘Making the
most of the internal market: strategic programme'
emphasises the importance, for individuals as well
the internal
as for
market, of national courts being in a position to
resolve a larger proportion of cases concerning the
conformity of rules or conduct with Community
law and, to that end, the need to improve know-
ledge of Community law within the legal profes-
sions;

12th Annual Report

(7) Whereas in its resolution of 13 February 1996 on
the Commission’s
on
monitoring the application of Community law (4)
the European Parliament asked the Commission to
the purpose of
put
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;

forward a programme for

(8) Whereas

raising awareness of Community law
among members of the legal professions involved
in the administration of justice in the Member
States is likely to improve cooperation between
national courts and the Court of Justice of the
European Communities which is an inherent part
of the Community legal order;

(9) Whereas, in accordance with the principle of subsi-
diarity 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 members of
the legal professions involved in the administration
of justice, namely judges, prosecutors and lawyers;

(4) OJ C 65, 4. 3. 1996, p. 37.

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(10) Whereas it is within the Community’s remit to
propose the establishment of 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 neces-
sary for the smooth functioning of the internal
market;

(11) Whereas the objective of making members of the
legal professions involved in the administration of
justice, namely judges, prosecutors and lawyers,
more aware of Community law must form part of
overall arrangements which, from checks on the
correct
legislation of
Community law to the penalties applicable in the
event of that law being breached, are designed to
ensure the effective and uniform application of the
rules governing the internal market;

transposition into national

(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 the objective of
which is to improve knowledge of Community law
on the part of members of
legal professions
involved in the administration of justice in the
Member States, namely judges, prosecutors and
lawyers,
Community
programmes and initiatives as far as the particular
target group is concerned,

complements

existing

secutors and lawyers or those preparing to take part in
the administration of justice;

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

(c) support initiatives likely to facilitate implementation
of the above two forms of support, complement them
or enhance their impact.

training

The Robert Schuman project

support and
2.
complement
on
and
Community law undertaken by the Member States, while
not encroaching on their
responsibility for defining
course content and organising vocational training.

information work

shall

Article 3

Instrument of Community intervention

1.
The Robert Schuman project shall be designed to
provide financial support to initiatives launched in the
Member States with a view to achieving the objectives
referred to in Article 2.

Each of

those objectives

2.
shall correspond to a
specific aspect of the Robert Schuman project: ‘training',
‘information' or ‘accompanying initiatives'.

HAVE DECIDED AS FOLLOWS:

Article 1

Establishment of the Robert Schuman project

1.
This Decision establishes the programme known as
the ‘Robert Schuman project' for a period of three years.

2.
By means of this financial support instrument, the
Community intends to encourage and support initiatives
designed to raise awareness of Community law among
members of the legal professions involved in the adminis-
tration of justice, namely judges, prosecutors and lawyers
within the Member States.

Article 2

Objectives

The Robert Schuman project

1.
purpose to:

shall have as

its

(a) encourage the launch of training initiatives of a prac-
tical nature in Community law in the Member States
(initial or continuing training) by bodies responsible
for training members of the legal professions involved
in the administration of justice, namely judges, pro-

Article 4

Financial provisions

The financial framework for the implementation of this
programme for a period of three years commencing on
the date of entry into force of this Decision is hereby set
at ECU 5,6 million.

The annual appropriations shall be authorised by the
budgetary authority within the limits of
the financial
perspective.

Article 5

Eligibility conditions

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

(cid:190) the continuing vocational training of members of the
legal professions involved in the administration of
justice, namely judges, prosecutors and lawyers,
or

(cid:190) the initial vocational training of those preparing to

take part in the administration of justice,

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

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Official Journal of the European Communities

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2.

The institutions covered by paragraph 1 shall be:

(a)

the courts;

(b) bar associations and equivalent professional bodies;

(c) Ministries of Justice, high councils of the judiciary or
similar bodies and bodies responsible at a high level
for the training of the judiciary and judicial officers;

(d) approved vocational schools or educational institutes
responsible for the initial or continuing training of
members of
the legal professions involved in the
administration of justice, namely judges, prosecutors
and lawyers;

(e) the universities.

Article 6

Project selection criteria

Eligible institutions shall apply for support under the
in-
to the competent

1.
Robert Schuman project by submitting a training,
formation or accompanying project
Commission departments.

may be improved by partnerships involving a number of
eligible institutions pooling their resources.

The following optional assessment criteria shall also

3.
be taken into account:

(a)

the inter-professional dimension of measures (involve-
ment of judges, prosecutors and lawyers in imple-
menting them or as target groups);

(b) the cross-border dimension of measures (involvement
of nationals of more than one Member State in imple-
menting them or as target groups).

Article 7

Support arrangements

Financial

support under

1.
the Robert Schuman
project, which is designed to encourage, complement and
support the work of the institutions referred to in Article
5, shall be provided in addition to local, regional or
national
funds and shall be used to achieve projects.
Financial support thus awarded may not, therefore, entail
the realisation of direct or indirect profits.

Projects shall be selected, and financial support

2.
awarded, on the basis of the following criteria:

Financial support under the Robert Schuman project

2.
shall be awarded for one or two years.

(a) Practical use

The measures envisaged must enable the target groups
to acquire knowledge adapted to, and immediately
useful in, the day-to-day practice of their profession.

(b) Accessibility

The measures envisaged must be designed to raise
awareness among the greatest possible number of
members of
the legal professions involved in the
administration of justice, namely judges, prosecutors
and lawyers, and shall, in particular, benefit those who
have not yet become acquainted with Community
law.

(c) Adjustment to constraints of professional practice

The way in which the measures envisaged are imple-
mented must reflect the needs of professional practice
(particularly in terms of timetabling and geographical
proximity).

(d) Cost-effectiveness

3.
So as to ensure continuity in the projects, the re-
cipient of a Robert Schuman project grant shall undertake
to continue the project without
from the
Commission, as from the date on which the grant ceases
for a period equivalent to that for which the grant was
made.

support

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

a derogation from the obligation to
Exceptionally,
continue the work may be granted if the nature of a
project prevents its continuation or if the recipient is
confronted by circumstances, notably of an internal regu-
latory or financial nature, which prevent the project from
being continued.

Financial

4.
the Robert
support provided under
Schuman project shall be awarded in accordance with the
Commission’s rules governing grants. Compliance with
those rules shall be monitored by the Commission and
the Court of Auditors of the European Communities.

When assessing projects submitted under the Robert
Schuman project, the Commission shall work on the
basis of the principles laid down by the relevant finan-
cial Regulations, in particular the principles of sound
financial management,
cost-
effectiveness.

economy

and

Costs entailed by the measures envisaged shall be reason-
able having regard to their objectives. Cost-effectiveness

Article 8

Implementation

1.
The Commission shall be responsible for carrying
out this programme and shall adopt practical arrange-
ments for its implementation.

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in the Official Journal of

2. A call for expressions of interest shall be published
each year
the European
Communities to inform potential applicants of the Robert
Schuman project’s
conditions
objectives
governing the award of grants.

and

the

Article 9

Consistency of Community action

The Commission shall be responsible,

1.
jointly with
the Member States, for ensuring the overall consistency of
this programme and other Community training or in-
formation initiatives.

The Robert Schuman project

2.
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,
to promote
teaching on European integration at university level and
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).

the Jean Monnet project

Article 10

Assessment and monitoring

1.
The Commission shall be responsible for assessing
and monitoring this programme on a periodic basis and
shall keep the Member States regularly informed.

2.
The Commission shall submit an assessment report
on implementation of the programme to the European
the Economic and Social
Parliament,
Committee and the Committee of the Regions no later
than two years after the programme enters into force.

the Council,

Article 11

Entry into force

This Decision shall enter into force on the date of its
publication in the Official Journal of the European
Communities.

Done at Luxembourg, 22 June 1998.

For the European Parliament

For the Council

The President

J. M. GIL-ROBLES

The President

J. CUNNINGHAM