Resolution of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, on the establishment of a Network for legislative cooperation between the Ministries of Justice of the European Union
Date: 2000-12-20
Institutions: European Council
Subjects: Court of Justice of the European Union, EU Member State, access to information, civil law, criminal law, judicial cooperation in criminal matters in the EU

20.12.2008

EN

Official Journal of the European Union

C 326/1

I

(Resolutions, recommendations and opinions)

RESOLUTIONS

COUNCIL

Resolution of the Council and of the Representatives of the Governments of the Member States,
meeting within the Council, on the establishment of a Network for legislative cooperation between
the Ministries of Justice of the European Union

(2008/C 326/01)

THE COUNCIL OF THE EUROPEAN UNION AND THE REPRESENTA-
TIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING
WITHIN THE COUNCIL,

Whereas:

1. Knowledge of the legislation of other Member States or even
of certain third countries is an essential tool for the Minis-
tries of Justice of the Member States of the European Union,
in particular for drafting legislation and for transposing law
of the European Union falling generally within their sphere
of competence, including notably civil and criminal law, it
being understood that
the
Member States have differing competences.

the Ministries of

Justice of

HEREBY ADOPT THIS RESOLUTION:

(1) Member States should gradually set up a ‘Network for
legislative cooperation between the Ministries of Justice of
the European Union’, hereinafter called ‘the Network’.
Participation in the Network would be on a voluntary
basis.

(2) 1. The task of the Network should be to increase access to
the
information held by the Ministries of Justice of
Member States of the European Union on legislation in
force, on judicial and legal systems, and on major legal
reform projects.
should make it
possible:

In particular,

it

2. Obtaining

information may prove

unpredictable

and

complicated.

3. The Ministries of Justice have very precise information about
legislation, related case law and the major

their national
reforms under way.

4. A network for legislative cooperation should be set up to
give Ministries of Justice effective access to the national legis-
lation of other Member States.

5. Moreover, the European Union has set itself the objective of
providing its citizens with an area of freedom, security and
justice. Creation of this area would be facilitated by better
mutual knowledge of the Member States' judicial and legal
systems and their legislation, as well as by exchanging infor-
mation about law reform projects.

6. The creation of a ‘Network for

legislative cooperation
between the Ministries of Justice of the Member States of the
European Union’ would contribute to achieving that objec-
tive and to promoting better understanding of the laws of
the other Member States, which in its turn is one of the
ways to enhance mutual trust and favour the application of
the principle of mutual recognition. It would also enable
comparative law studies on topical legislative or legal matters
to be carried out jointly by the Ministries of Justice,

(a) to provide members of

the Network on request
with coherent and up-to-date information on legis-
lation and with case-law on selected subjects;

(b) to make accessible the results of comparative law
research carried out by or for the Ministries of
Justice of each State in fields of law generally falling
within the sphere of competence of those Minis-
including in the context of reforms carried
tries,
out by the Member States or of transposition of
law of the European Union;

(c) to be aware of major legal reform projects, while
complying with the obligation of confidentiality by
which States' bodies are bound.

2. There should be no obligation to provide a translation

of the supplied documentation.

(3) The Network should be supported by an administrator
who is in charge of the administrative and technical opera-
tion of the Network. Pending the designation of such an
administrator, a Member State would initially take charge
of
the
the administrative and technical operation of
Network.

C 326/2

EN

Official Journal of the European Union

20.12.2008

(4) Each Member State should designate a correspondent,
preferably within the Ministry of
Justice. Each Member
State could, however, designate a limited number of other
correspondents if this were considered necessary because
of the existence of separate legal systems or the domestic
distribution of competences.

(5) Each Member State should inform the Network's adminis-

trator of:

(a) the surname, first name and position of the correspon-

dent(s);

(b) the language knowledge of each correspondent; and

(c) the communication facilities available to the corre-
spondent(s), with the exact (telephone) numbers, (dedi-
cated e-mail) addresses, etc.

Each Member State should inform the Network's adminis-
trator of any change concerning the data of its correspon-
dent(s) as provided pursuant to this paragraph.

(6) A correspondent should send a request, preferably by elec-
to the appropriate correspondent(s) of
tronic means,
another Member State or of other Member States. The
correspondent should also send a copy of the request to
the Network's administrator.

Where it is not possible for a correspondent to reply to a
request or to readily identify the competent authority, he
or she should inform the requesting correspondent.

(9) Replies given by a correspondent would be made acces-
sible to the entire Network, subject to the agreement of
the correspondent to whom the request was addressed.

(10) To facilitate the practical operation of the Network, each
its correspondent(s)
Member State should ensure that
the
has/have an adequate knowledge of a language of
European Union other than its own national
language,
bearing in mind the need to be able to communicate with
the correspondents in the other Member States.

(11) Meetings of correspondents should be organised when
expedient. Such meetings could be opened to a larger audi-
ence for the purpose of analysing selected topics from a
comparative law perspective,
in order to consolidate the
Network and foster the exchange of ideas and experience
among members.

(12) To facilitate exchanges, the Network and its correspondents
should use the most appropriate opportunities offered by
modern communication and information technologies, in
particular in line with the recent development of European
E-Justice.

(13) If necessary, the Network should be given an appropriate

(7) The correspondent should ensure that the request trans-

legal form.

mitted:

— falls within the sphere of competence of its Ministry of
Justice, or concerns matters which generally fall within
the competence of Ministries of Justice, such as civil
and criminal law,

— is precisely formulated,

— does not impose an unreasonable burden of work on
the other correspondents/and or departments of the
Ministries of Justice forming the Network.

(8) Correspondents

to whom such a request has been
submitted should do their utmost to reply to that request
within a reasonable period, without obligation to provide a
translation of the supplied documentation, such as legisla-
tive texts, (draft) legislation, reports and studies.

If the correspondent to whom a request has been sent is
not in a position to reply, he or she should pass the
request on to the competent authority who would be able
to do so, and inform the requesting correspondent thereof.

(14) The Network should develop internal guidelines on prac-
tical arrangements for its operation, including on linguistic
matters.

(15) The European Commission could be invited to participate

in the Network.

(16) The Council shall review the application of this resolution
at the latest three years after its adoption. Such revision
should inter alia address the following issues:

(a) the process of development, the rules of administra-
tion, the achievements and the practical functioning of
the Network;

(b) the financial situation of the Network;

(c) the possibility to give third States and ESDP missions
access to information which is already available within
the Network.

In view of the results of this revision, appropriate measures
should be taken in order to further improve the situation
if and where necessary.