Opinion of the Economic and Social Committee on the "Proposal for a Council Regulation extending the programme of incentives and exchanges for legal practitioners in the area of civil law (Grotius — civil)"
Date: 2000-11-29
Institutions: European Economic and Social Committee
Subjects: EU law, EU programme, civil law, judicial cooperation in criminal matters in the EU, legal profession, vocational training

20.4.2001

EN

Official Journal of the European Communities

C 116/97

2.2.
Until the new, comprehensive public health action
programme, which is to replace the current action pro-
grammes, is adopted the Committee considers it necessary to

make it possible for the measures implemented under these
programmes to continue.

Brussels, 29 November 2000.

The President

of the Economic and Social Committee

Göke FRERICHS

Opinion of the Economic and Social Committee on the ‘Proposal for a Council Regulation
extending the programme of incentives and exchanges for legal practitioners in the area of civil
law (Grotius — civil)’

(2001/C 116/21)

On 2 October 2000 the Council decided to consult the Economic and Social Committee, under
Article 262 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the
Committee’s work on the subject, adopted its opinion on 14 November 2000. The rapporteur was
Mr Cavaleiro Branda˜o and the co-rapporteurs were Ms Florio and Mr Herna´ndez Bataller.

At its 377th plenary session (meeting of 29 November 2000), the Economic and Social Committee
adopted the following opinion with 112 votes in favour and two abstentions.

1.

Introduction

1.1.
The Grotius programme was adopted in 1996 on the
basis of Article K.3 of the EU Treaty. The programme was to
run from 1996 to 2000, so is due to expire at the end of this
year.

The programme is designed to facilitate judicial cooper-
1.2.
ation between Member States by fostering mutual knowledge
of legal and judicial systems. It is aimed at legal practitioners,
and provides funding for training, exchange and work-experi-
ence programmes, organisation of meetings, studies and
research, and the distribution of information.

1.4.
The Commission has been considering the future of
the Grotius-civil programme, and particularly its relations with
the Robert Schuman project to raise awareness of Community
law among members of the legal profession. This project
expires at the end of 2001.

The Commission proposes to continue the civil law
1.5.
strand of the Grotius programme for a further year, allocating
it EUR 650 000.

1.6.
Grants will be available for five types of activity:
training in languages and in comparative law, work experience
and visits abroad, organisation of conferences, coordination of
research on subjects relevant to judicial cooperation, and
dissemination of information on foreign law and judicial
cooperation.

1.3. With the entry into force of the Amsterdam Treaty,
judicial cooperation in the areas of civil and criminal law now
has two separate legal bases (Title IV of the EC Treaty and Title
VI of the EU Treaty respectively). The present regulation only
concerns the extension of the part of the Grotius programme
relating to judicial cooperation in civil matters (‘Grotius-civil’),
which is explicitly covered by Article 61 of the EC Treaty.

2. General comments

2.1.
The Committee endorses the aims of the Grotius
programme and its intended linkage with the Robert Schuman

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Official Journal of the European Communities

20.4.2001

project. It therefore also approves the proposal to extend the
programme for a year.

2.2.
Consolidation of the European Union presupposes
development of a common judicial area that is increasingly
mutually supportive, cooperative and harmonised. The Com-
mittee supports steps to further this goal.

The contribution which the charter of fundamental

2.3.
rights should make here cannot be over-emphasised.

Lastly, the Committee reiterates (1) the view that pri-
2.5.
ority should be given to training and information schemes
which bring together different categories of legal professional
(e.g. judges and lawyers), as such schemes can make a specific
contribution to improving the cohesion of national and
European legal systems.

2.6.
The Committee would also like the programme to be
more open in future to the possible participation of the
candidate countries, especially in the field of labour law.

2.4.
The Committee believes that the future linkage of the
Grotius programme and the Robert Schuman project will be
beneficial. However, the distinctive objectives and independent
status of the two schemes must be preserved.

(1) ESC opinion on the 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) — OJ L 196 of 14.7.1998.

Brussels, 29 November 2000.

The President

of the Economic and Social Committee

Göke FRERICHS