Decision No 1149/2007/EC of the European Parliament and of the Council of 25 September 2007 establishing for the period 2007-2013 the Specific Programme Civil Justice as part of the General Programme Fundamental Rights and Justice
Date: 2007-09-25
Institutions: Council of the European Union, European Parliament
Subjects: EU programme, civil law, judicial cooperation in criminal matters in the EU

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DECISIONS ADOPTED JOINTLY BY THE EUROPEAN PARLIAMENT AND THE
COUNCIL

DECISION No 1149/2007/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 25 September 2007
establishing for the period 2007-2013 the Specific Programme ‘Civil Justice’ as part of the General
Programme ‘Fundamental Rights and Justice’

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

the implementation of
matters.

judicial cooperation in civil

Having regard to the Treaty
establishing the European
Community, and in particular Article 61(c) and Article 67(5)
thereof,

(3)

The Brussels European Council of 4 and 5 November
2004 adopted the Hague Programme: Strengthening
freedom, security and justice in the European Union (5)
(hereinafter referred to as ‘the Hague Programme’).

Having regard to the proposal from the Commission,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (1),

Whereas:

(1)

(2)

itself

the objective of main-
The Community has set
freedom, security
taining and developing an area of
in which the free movement of persons is
and justice,
inter
assured. To this end, the Community is to adopt,
alia, measures in the field of judicial cooperation in civil
the
the proper
matters necessary for
internal market.

functioning of

Following previous programmes, such as Grotius (2) and
the Robert Schuman project (3), Council Regulation (EC)
No 743/2002 (4) established, for the period 2002-2006,
a general Community framework of activities to facilitate

(1) Position of the European Parliament of 14 December 2006 (not yet
published in the Official
Journal), Council Common Position of
13 June 2007 (OJ C 171 E, 24.7.2007, p. 1) and Position of the
European Parliament of 11 July 2007 (not yet published in the
Official Journal). Council Decision of 18 September 2007.

(2) Joint Action 96/636/JHA of 28 October 1996 adopted by the
Council on the basis of Article K.3 of the Treaty on European
Union, on a programme of incentives and exchanges for legal practi-
tioners (Grotius) (OJ L 287, 8.11.1996, p. 3); Council Regulation
(EC) No 290/2001 of 12 February 2001 extending the programme
of incentives and exchanges for legal practitioners in the area of civil
law (Grotius-civil) (OJ L 43, 14.2.2001, p. 1).

(3) 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) (OJ L 196, 14.7.1998, p. 24).

(4) OJ L 115, 1.5.2002, p. 1.

(4)

In June 2005, the Council and the Commission adopted
the Action Plan implementing the Hague Programme (6).

(5)

(6)

(7)

(8)

The ambitious objectives set by the Treaty and the Hague
Programme should be achieved through the estab-
lishment of a flexible and effective programme that will
facilitate planning and implementation.

‘Civil

Justice’

should provide

taken by the Commission,

for
The programme
initiatives
in compliance
with the principle of subsidiarity, for actions in support
of organisations promoting and facilitating judicial coop-
eration in civil matters, and for actions in support of
specific projects.

A general programme in the field of civil justice aimed at
the legal and judicial
better mutual understanding of
systems of
to
lowering the barriers to judicial cooperation in civil
matters, which will
the
internal market.

improve the functioning of

the Member States will

contribute

According to the Hague Programme,
strengthening
mutual confidence requires an explicit effort to improve
mutual understanding among judicial authorities and
different legal systems. European networks of national
public authorities should be given special attention and
support in this respect.

(5) OJ C 53, 3.3.2005, p. 1.
(6) OJ C 198, 12.8.2005, p. 1.

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(9)

This Decision should provide for the possibility to co-
finance the activities of certain European networks to the
extent that the expenditure is incurred in pursuing an
objective of general European interest. However, such
co-financing should not imply that a future programme
would cover such networks, nor should it prevent other
European networks from benefiting from support to their
activities in accordance with this Decision.

(10) Any institution, association or network receiving a grant
under the programme ‘Civil Justice’ should acknowledge
the Community support received in accordance with the
visibility guidelines to be laid down by the Commission.

financial

the Communities’

rectly used in accordance with Council Regulation (EC,
Euratom) No 2988/95 of 18 December 1995 on the
interests (4),
protection of
Council Regulation (Euratom, EC) No 2185/96 of
11 November 1996 concerning on-the-spot checks and
inspections carried out by the Commission in order to
protect
interests
against fraud and other irregularities (5) and Regulation
(EC) No 1073/1999 of the European Parliament and of
the Council of 25 May 1999 concerning investigations
conducted by the European Anti-Fraud Office (OLAF) (6).

the European Communities’

financial

(15)

The Financial Regulation requires a basic act
provided to cover operating grants.

to be

(11)

(12)

(13)

This Decision lays down, for the entire duration of the
programme, a financial envelope constituting the prime
reference, within the meaning of point 37 of the Inter-
institutional Agreement of 17 May 2006 between the
European Parliament, the Council and the Commission
on
financial
management (1), for the budgetary authority during the
annual budgetary procedure.

budgetary

discipline

sound

and

Since the objectives of this Decision cannot be sufficient-
ly achieved by the Member States and can therefore, by
reason of the scale and effects of the programme, be
better achieved at Community level,
the Community
may adopt measures in accordance with the principle
of subsidiarity as set out in Article 5 of the Treaty. In
accordance with the principle of proportionality, as set
out in that Article, this Decision does not go beyond
what is necessary in order to achieve those objectives.

Council Regulation (EC, Euratom) No 1605/2002 of
25 June 2002 on the Financial Regulation applicable to
the European Communities (2)
the general budget of
(hereinafter referred to as ‘the Financial Regulation’) and
Commission Regulation (EC, Euratom) No 2342/2002 of
23 December 2002 laying down detailed rules for the
implementation of Council Regulation (EC, Euratom) No
1605/2002 (3), which safeguard the Community financial
interests, have to be applied taking into account
the
principles of simplicity and consistency in the choice of
budgetary instruments, a limitation on the number of
cases where the Commission retains direct responsibility
for implementation and management, and the required
proportionality between the level of resources and the
administrative burden related to their use.

(14) Appropriate measures should also be taken to prevent
irregularities and fraud, and the necessary steps should
be taken to recover funds lost, wrongly paid or incor-

(16)

(17)

(18)

(19)

the exercise of

The measures necessary for the implementation of this
Decision should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
implementing powers
procedures for
conferred on the Commission (7), with a distinction
being made between those measures which are subject
to the management procedure and those which are
subject
advisory
procedure being in certain cases, with a view to
increased efficiency, the more appropriate.

procedure,

advisory

the

the

to

7(3)

the European Parliament

accordance with Article

of Decision
In
1999/468/EC,
should be
informed by the Commission of committee proceedings
relating to the implementation of this programme.
In
particular, the European Parliament should receive the
draft annual programme when it is submitted to the
management
the European
In addition,
Parliament
should receive the results of voting and
summary records of the meetings of that committee.

committee.

In accordance with Article 3 of the Protocol on the
position of the United Kingdom and Ireland, annexed
to the Treaty on European Union and to the Treaty
establishing the European Community,
the United
Kingdom and Ireland have notified their wish to take
part in the adoption and application of this Decision.

In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark, annexed to the Treaty on
European Union and to the Treaty establishing the
European Community, Denmark does not take part in
the adoption of this Decision and is not bound by it or
subject to its application.

(1) OJ C 139, 14.6.2006, p. 1.
(2) OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation

(EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

(3) OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Regu-
lation (EC, Euratom) No 478/2007 (OJ L 111, 28.4.2007, p. 13).

(4) OJ L 312, 23.12.1995, p. 1.
(5) OJ L 292, 15.11.1996, p. 2.
(6) OJ L 136, 31.5.1999, p. 1.
(7) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

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(20)

The European Economic and Social Committee has
delivered an opinion on this Decision (1).

2. Without prejudice to the objectives and powers of the
Community,
the Programme shall
contribute to the development of Community policies, and
more specifically to the creation of a judicial area.

the general objectives of

(21)

In order to ensure the effective and timely implemen-
tation of this programme, this Decision should apply
from 1 January 2007,

Article 3

Specific objectives

HAVE DECIDED AS FOLLOWS:

The Programme shall have the following specific objectives:

Article 1

(a)

to foster judicial cooperation in civil matters aiming at:

Establishment of the Programme

This Decision establishes the Specific Programme ‘Civil
1.
Justice’, hereinafter referred to as ‘the Programme’, as part of
the General Programme ‘Fundamental Rights and Justice’,
in
order to contribute to the progressive establishment of
the
area of freedom, security and justice.

(i) ensuring legal certainty and improving access to justice;

(ii) promoting mutual recognition of decisions in civil and

commercial cases;

The Programme shall cover the period from 1 January

2.
2007 to 31 December 2013.

In this Decision,

3.
Member States with the exception of Denmark.

the term ‘Member State’ shall mean

(iii) eliminating obstacles to cross-border litigation created
law and civil procedures and
legislation

by disparities in civil
promoting the necessary compatibility of
for that purpose;

(iv) guaranteeing a proper administration of

justice by

avoiding conflicts of jurisdiction;

Article 2

General objectives

The
1.
objectives:

Programme

shall have

the

following

general

(b) to improve mutual knowledge of Member States’ legal and
judicial
in civil matters and to promote and
strengthen networking, mutual cooperation, exchange and
dissemination of information, experience and best practices;

systems

(a)

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

(c)

to ensure the sound implementation,
the correct and
concrete application and the evaluation of Community
instruments in the area of judicial cooperation in civil and
commercial matters;

(b) to promote the elimination of obstacles to the good func-
tioning of cross-border civil proceedings in the Member
States;

(c)

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

rights

their

(d) to improve the contacts, exchange of

information and
networking between legal, judicial and administrative autho-
rities and the legal professions, including by way of support
of judicial training, with the aim of better mutual under-
standing among such authorities and professionals.

(d) to improve information on the legal systems in the Member

States and access to justice;

(e)

to promote the training of legal practitioners in Union and
Community law;

(f)

to evaluate the general conditions necessary to reinforce
mutual confidence, while fully respecting the independence
of the judiciary;

(g) to facilitate the operation of the European Judicial Network
in civil and commercial matters established by Council
Decision 2001/470/EC (2).

(1) OJ C 69, 21.3.2006, p. 1.

(2) OJ L 174, 27.6.2001, p. 25.

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Article 4

Actions

in Articles 2 and 3,

With a view to pursuing the general and specific objectives set
the
out
following types of action under the conditions set out in the
annual work programmes referred to in Article 9(2):

the Programme shall support

(a) specific actions initiated by the Commission, such as studies
and research, opinion polls and surveys,
formulation of
indicators and common methodologies, collection, deve-
lopment and dissemination of data and statistics, seminars,
conferences and expert meetings, organisation of public
campaigns and events, development and maintenance of
websites, preparation and dissemination of
information
material, support
for and management of networks of
national experts, analytical, monitoring and evaluation
activities; or

(b) specific

transnational projects of Community
interest
presented by an authority or any other body of a Member
State, an international organisation or a non-governmental
organisation, and involving in any case at least two Member
States or at least one Member State and one other State
which may be either an acceding country or a candidate
country; or

(c)

the activities of non-governmental organisations or other
entities pursuing an aim of general European interest in
accordance with the general objectives of the Programme
annual work
set out
under
programmes; or

conditions

in the

the

the Judiciary and the Network of

(d) operating grants to co-finance expenditure associated with
the permanent work programmes of the European Network
of Councils for
the
Presidents of the Supreme Judicial Courts of the European
Union, insofar as it is incurred in pursuing an objective of
general European interest by promoting exchanges of views
and experience on matters concerning case-law and the
organisation and functioning of
those
judicial and/or
networks
advisory functions with regard to Community law.

in the performance of

the members of

their

Article 5

Participation

Projects may associate legal practitioners from Denmark,
2.
from candidate countries not participating in the Programme
where this would contribute to their preparation for accession,
or
third countries not participating in the
Programme where this serves the aim of the projects.

from other

Article 6

Target groups

The Programme is targeted at, inter alia, legal practitioners,
1.
national authorities and the citizens of the Union in general.

For the purposes of this Decision, ‘legal practitioners’ shall
2.
mean judges, prosecutors,
solicitors, notaries,
academic and scientific personnel, ministry officials, court
officers, bailiffs, court interpreters and other professionals asso-
ciated with the judiciary in the area of civil law.

advocates,

Article 7

Access to the Programme

Access to the Programme shall be open to institutions and
public or private organisations,
including professional organi-
sations, universities, research institutes and legal and judicial
international organi-
training institutes for legal practitioners,
sations and non-governmental organisations of
the Member
States.

Article 8

Types of intervention

1.

Community financing may take the following legal forms:

(a) grants;

(b) public procurement contracts.

2.
Community grants shall be awarded further to calls for
proposals and shall be provided through operating grants and
grants to actions. The maximum rate of co-financing shall be
specified in the annual work programmes.

1.
The following countries may participate in the actions of
the Programme: the acceding countries, the candidate countries
and the Western Balkan countries included in the stabilisation
and association process in accordance with the conditions laid
down in the association agreements or additional protocols
thereto relating to participation in Community programmes
concluded or to be concluded with those countries.

3.
Furthermore, provision shall be made for expenditure on
accompanying measures, by means of public procurement
contracts, in which case Community financing shall cover the
inter alia,
purchase of goods and services. This shall cover,
expenditure on information and communication, preparation,
implementation, monitoring,
and evaluation of
projects, policies, programmes and legislation.

checking

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Article 9

Implementing measures

The Commission shall

1.
the Community
financial support in accordance with the Financial Regulation.

implement

To implement

the Programme,

2.
the Commission shall,
within the limits of the general objectives set out in Article 2,
adopt annual work programmes specifying specific objectives,
thematic priorities, the accompanying measures referred to in
Article 8(3) and, if necessary, a list of other actions.

The annual work programmes

3.
accordance with the procedure referred to in Article 10(2).

shall be adopted in

The Commission shall examine each of

the proposed
6.
actions submitted to it under Article 4(b) and (c). Decisions
relating to these actions shall be adopted in accordance with
the procedure referred to in Article 11(2).

Article 10

Management Committee

The Commission shall be assisted by a Management

1.
Committee.

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

4.
The evaluation and award procedures relating to grants to
actions shall take into account, inter alia, the following criteria:

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at three months.

(a) conformity of the proposed action with the annual work
programme, the objectives set out in Articles 2 and 3 and
the types of action set out in Article 4;

Article 11

Advisory Committee

(b) quality of the proposed action in terms of its design, orga-

nisation, presentation and expected results;

(c) amount requested for Community financing and its appro-

priateness in relation to expected results;

(d) impact of the expected results on the objectives set out in
Articles 2 and 3 and on the actions referred to in Article 4.

Applications for operating grants referred to in Article

5.
4(d) shall be assessed in the light of:

(a) consistency with the objectives of the Programme;

(b) quality of the planned activities;

(c)

likely multiplier effect on the public of these activities;

(d) geographical impact of the activities carried out;

(e) citizens’

involvement

in the organisation of

the bodies

concerned;

(f) cost/benefit ratio of the activity proposed.

The Commission shall be assisted by an Advisory

1.
Committee.

2. Where reference is made to this paragraph, Articles 3 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

Article 12

Complementarity

1.
Synergies and complementarity shall be sought with other
Community instruments, in particular the Specific Programme
‘Criminal
Justice’ as part of the General Programme ‘Funda-
mental Rights and Justice’, and the General Programmes
‘Security
and
Management of Migration Flows’. The statistical element of
information on civil justice shall be developed in collaboration
with Member States, using as necessary the Community
Statistical Programme.

and Safeguarding Liberties’

and ‘Solidarity

The Programme may exceptionally share resources with
2.
the Specific
in particular
other Community instruments,
Justice’,
the General
Programme
of
part
as
Programme ‘Fundamental Rights and Justice’,
to
in order
implement actions meeting the objectives of both Programmes.

‘Criminal

3.
Operations financed under this Decision shall not receive
financial support for the same purpose from other Union or
Community financial
the
Programme shall provide the Commission with information
about
the
European Union and from other sources, as well as information
about ongoing applications for financing.

financing received from the general budget of

instruments. The beneficiaries of

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Article 13

Budgetary resources

Article 15

Protection of Community financial interests

1.
this
The financial envelope for the implementation of
Decision shall be set at EUR 109 300 000 for the period set
out in Article 1.

The budgetary resources allocated to the actions provided
2.
for in the Programme shall be entered in the annual appro-
priations of the general budget of the European Union. The
available annual appropriations shall be authorised by the
budgetary
financial
framework.

authority within the

limits of

the

Article 14

Monitoring

The Commission shall ensure that for any action financed
1.
by the Programme,
technical and
the beneficiary submits
financial reports on the progress of work and that a final
report is submitted within three months of the completion of
the action. The Commission shall determine the form and
content of
the reports. The Commission shall make the
reports available to Member States.

2. Without prejudice to the audits carried out by the Court
of Auditors in liaison with the competent national audit bodies
or departments pursuant to Article 248 of the Treaty, or any
inspection carried out pursuant to point (b) of the first subpara-
graph of Article 279(1) of the Treaty, officials and other staff of
the Commission may carry out on-the-spot checks,
including
sample checks, on actions financed under the Programme.

ensure

from the

The Commission shall
resulting

and
3.
agreements
the
Programme provide in particular for supervision and financial
control by the Commission (or any representative authorised by
it),
if necessary on-the-spot, and for audits by the Court of
Auditors.

contracts
of

implementation

that

4.
The Commission shall ensure that for a period of five
years following the last payment in respect of any action, the
financial
beneficiary of
the
Commission all
the supporting documents regarding expen-
diture on the action.

support keeps

available

for

5.
On the basis of the results of the reports and sample
checks referred to in paragraphs 1 and 2, the Commission
shall ensure that,
if necessary, the scale or the conditions of
allocation of the financial support originally approved and also
the timetable for payments are adjusted.

1.
The Commission shall ensure that, when actions financed
under this Decision are implemented, the financial interests of
the Community are protected by the application of preventive
illegal
measures against
activities, by effective checks and by the recovery of
the
irregularities are detected, by
amounts wrongly paid and,
in accordance
effective, proportional and dissuasive penalties,
with Regulations (EC, Euratom) No 2988/95,
(Euratom, EC)
No 2185/96 and (EC) No 1073/1999.

fraud, corruption and any other

if

2.
For the Community actions financed under this Decision,
Regulations (EC, Euratom) No 2988/95 and (Euratom, EC)
No 2185/96 shall apply to any infringement of a provision
including infringements of a contractual
of Community law,
obligation stipulated on the basis of the Programme, resulting
from an act or omission by an economic operator, which has,
or would have, the effect of prejudicing the general budget of
the European Union or budgets managed by the European
Communities by an unjustified item of expenditure.

it

reduced,

finds irregularities,

The Commission shall ensure that the amount of financial
3.
suspended or
support granted for an action is
recovered if
including non-compliance
with the provisions of this Decision or the individual decision
or the contract or agreement granting the financial support in
question, or if it transpires that, without Commission approval
having been sought, the action has been subjected to a change
which conflicts with the nature or implementing conditions of
the project.

4.
If the time limits have not been observed or if only part of
the allocated financial support is justified by the progress made
with implementing an action, the beneficiary shall submit obser-
If the
vations to the Commission within a specified period.
beneficiary does not give a satisfactory answer, the Commission
shall ensure that
the remaining financial support may be
cancelled and that sums already paid are demanded to be
repaid.

5.
The Commission shall ensure that any undue payment is
repaid to the Commission. Interest shall be added to any sums
not repaid in good time under the conditions laid down by the
Financial Regulation.

Article 16

Evaluation

The Programme shall be monitored regularly in order to

1.
follow the implementation of activities carried out under it.

6.
step
The Commission shall ensure that every other
necessary to verify that the actions financed are carried out
properly and in compliance with the provisions of
this
Decision and the Financial Regulation, is taken.

The Commission shall ensure a regular, independent and

2.
external evaluation of the Programme.

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The Commission shall submit to the European Parliament

3.
and the Council:

Article 18

Visibility

(a) an annual presentation on the implementation of

the

Programme;

The Commission shall lay down guidelines to ensure the visi-
bility of the financial support granted under this Decision.

(b) an interim evaluation report on the results obtained and the
qualitative and quantitative aspects of the implementation of
the Programme, including on the work carried out by the
beneficiaries of operating grants referred to in Article 4(d),
not later than 31 March 2011;

(c) a communication on the continuation of the Programme

not later than 30 August 2012;

(d) an ex-post evaluation report not later than 31 December

2014.

Article 17

Publication of actions

Each year the Commission shall publish a list of the actions
financed under the Programme with a short description of each
project.

Article 19

Entry into force

This Decision shall enter into force on the twentieth day
following its publication in the Official Journal of the European
Union.

It shall apply from 1 January 2007.

Done at Strasbourg, 25 September 2007.

For the European Parliament
The President

For the Council
The President

H.-G. PÖTTERING

M. LOBO ANTUNES