Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a decision of the European Parliament and the Council establishing for 2007-2013 the specific programme "Civil Justice" as part of the general programme on "Fundamental Rights and Justice" amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2007-09-20
Institutions: European Commission
Subjects: EU programme, access to the courts, civil law, civil procedure, exchange of information, fundamental rights, judicial cooperation in criminal matters in the EU

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.9.2007 
COM(2007) 557 final 

2005/0040 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND THE COUNCIL 

establishing for 2007-2013 the specific programme "Civil Justice" 
as part of the general programme on "Fundamental Rights and Justice" 

AMENDING THE PROPOSAL OF THE COMMISSION  
pursuant to Article 250 (2) of the EC Treaty 

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2005/0040 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND THE COUNCIL 

establishing for 2007-2013 the specific programme "Civil Justice" 
as part of the general programme on "Fundamental Rights and Justice" 

1. 

INTRODUCTION 

Pursuant  to  point  (c)  of  the  third  subparagraph  of  Article  251(2)  of  the  EC  Treaty,  the 
Commission  delivers  opinions  on  amendments  proposed  by  the  European  Parliament  at 
second reading. The Commission sets out below its opinion on the sole amendment proposed 
by Parliament. 

2. 

BACKGROUND 

The  proposal  was  adopted  by  the  Commission  on  6  April  2005  and  sent  to  the  European 
Parliament and the Council on 26 April 2005. The European Economic and Social Committee 
adopted  its  opinion  on  the  Commission  proposal  on  19  January  2006.  The  European 
Parliament  adopted  seven  amendments  at  first  reading  in  plenary  session  on  14  December 
2006. The Council adopted its common position on 13 June 2007. The Commission adopted 
its  communication  on  the  Council  common  position  on  19  June  2007.  The  European 
Parliament adopted one amendment at second reading in plenary session on 11 July 2007. 

3. 

PURPOSE OF THE PROPOSAL 

The  Commission  proposal  is  to  establish  the  specific  programme  "Civil  Justice"  with  the 
following objectives: 

a)  to  promote  judicial  cooperation  with  the  aim  of  contributing  to  the  creation  of  a  genuine 
European area of justice in civil matters based on mutual recognition and mutual confidence;  

b)  to  promote  the  elimination  of  obstacles  to  the  proper  functioning  of  cross-border  civil 
proceedings in the Member States; 

c)  to  improve  the  daily  life  of  individuals  and  businesses  by  enabling  them  to  assert  their 
rights throughout the European Union, notably by fostering access to justice;  

d)  to  improve  the  contacts,  exchange  of  information  and  networking  between  legal,  judicial 
and  administrative  authorities  and  the  legal  professions,  including  by  way  of  support  of 
judicial  training,  with  the  aim  of  better  mutual  understanding  among  such  authorities  and 
professionals. 

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4. 

THE COMMISSION'S OPINION ON THE EUROPEAN PARLIAMENT'S AMENDMENTS  

4.1. 

Amendments accepted in their entirety by the Commission  

The Commission accepts the sole amendment of the European Parliament. This amendment 
adds a new recital to the preamble, the text of which was negotiated with the Council and the 
Commission, on the information to be provided to the European Parliament on the work of the 
management committee provided for by the Decision. 

The Commission also made the following declaration when the vote was taken at the plenary 
session: 

"As regards the measures for implementing the Decision of the European Parliament and the 
Council establishing for 2007-2013 the specific programme "Civil Justice", the Commission 
undertakes,  by  way  of  exception,  to  transmit  as  rapidly  as  possible  to  the  chair  of  the 
appropriate  Parliamentary  Committee  the  draft  annual  work  programmes  relating  to  the 
abovementioned specific programme, as well as transmitting these drafts via the comitology 
register. 

The Commission will also inform Parliament, as quickly as possible, of any amendment made 
following the meetings of the committee". 

5. 

CONCLUSION 

Pursuant to Article 250(2) of the EC Treaty the Commission hereby amends its proposal as set 
out above. 

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