Proposal for a Decision of the European Parliament and of the Council amending Council Decision 2001/470/EC establishing a European Judicial Network in civil and commercial matters
Date: 2008-06-23
Institutions: European Commission
Subjects: access to the courts, civil law, commercial law, exchange of information, information network, information system, judicial cooperation in criminal matters in the EU

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.6.2008 
COM(2008) 380 final 

2008/0122 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Decision 2001/470/EC establishing a European Judicial Network in 
civil and commercial matters 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. REASONS AND OBJECTIVES 

1.1 

Introduction 

On 28 May 2001 the Council adopted Decision 2001/470/EC establishing a European Judicial 
Network  in  civil  and  commercial  matters  between  all  the  Member  States  except  Denmark 
(hereinafter "the Decision")1, which has been applicable since 1 December 2002.  

The European Judicial Network in civil and commercial matters (hereinafter "the Network") 
was  established  because  it  was  felt  that  the  gradual  establishment  of  an  area  of  freedom, 
security and justice entailed the need to improve, simplify and expedite judicial cooperation 
between Member States. The Network was also intended to facilitate citizens' access to justice 
in  litigation  with  a  cross-border  impact  by  gradually  establishing  an  information  system  for 
the public.  

At  the  beginning  of  2008  the  Network  had  437  members  falling  into  four  categories:  102 
contact points, 140 central authorities (Article 2(1)(b)), 12 liaison magistrates and 181 other 
judicial authorities active in judicial cooperation. 

The  Commission  organises  the  Network's  meetings,  chairs  them  and  provides  secretarial 
services. The contact points meet at least once every six months. Between 11 February 2003 
and  31  January  2008,  19  meetings  were  held,  i.e.  four  meetings  a  year  on  average.  All  the 
members of the Network have met every year since 2002.  

1.2 

General background to the proposal and consultations 

Article 19 of the Decision requires the Commission to present to the European Parliament, the 
Council and the Economic and Social Committee a report on the application of the Decision, 
which  may  be  accompanied  by  proposals  for  its  adaptation.  The  report  must  consider  the 
issues  of  the  access  and  involvement  of  the  legal  professions  in  its  activities  and  possible 
direct public access to the contact points.  

This  proposal  is  based  on  extensive  consultation  of  the  different  stakeholders,  in  particular 
within the Network. As part of its preparation of the report referred to above, the Commission 
ordered a study on the operation of the Network (hereinafter "the study"), which was carried 
out between December 2004 and May 20052.  

On the basis of this study and of the consultations carried out within the Network since 2004, 
the  Commission  presented  a  report  on  the  application  of  the  Decision  on  16  May  20063.  In 
this  report  under  Article  19,  the  Commission  concluded  that  the  Network  had,  in  general, 
improved judicial cooperation between the Member States.  

However,  the  report  pointed  out  certain  deficiencies  in  the  Network's  operation.  The 
Commission  noted  that  the  Network  was  far  from  having  developed  its  full  potential  and  it 

1 
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3 

OJ C 174, 27.6.2001, p. 25. 
http://ec.europa.eu/justice_home/doc_centre/civil/studies/doc_civil_studies_en.htm 
COM (2006) 203 final, SEC (2006) 579. 

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was  essential  that  it  be  given  the  necessary  means  to  perform  its  tasks.  The  Commission 
nevertheless  stressed  the  importance  of  the  Network  as  an  essential  tool  for  establishing  a 
genuine European law-enforcement area. 

In  response  to  this  report,  the  Justice  and  Home  Affairs  Council  of  19  and  20  April  2007 
adopted conclusions on the European Judicial Network4.  

1.3 

General objective of the proposal 

The  general  objective  of  the  proposal  is  to  enhance  the  role  of  the  Network  in  its  tasks  of 
facilitating  judicial  cooperation  between  Member States  and,  in  particular,  the  effective  and 
practical  application  by  judges  and  other  legal  practitioners  of  Community  instruments  and 
conventions in force between Member States. It also aims to consolidate the Network's role in 
promoting  effective  access  to  justice  for  the  general  public  in  the  context  of  cross-border 
litigation. 

These  objectives  are  part  of  efforts  to  implement  the  Hague  Programme  on  strengthening 
freedom,  security  and  justice  in  the  European  Union  (hereinafter  "the  Hague  Programme"), 
adopted  by  the  European  Council  of  4  and  5  November  20045,  which  calls  for  additional 
efforts to facilitate access to justice and judicial cooperation in civil matters. The proposal to 
review  the  Decision  establishing  the  Network  is  contained  in  the  Council  and  Commission 
Action Plan implementing the Hague Programme of 2 June 20056. 

It  should  be  emphasised  that  since  the  entry  into  force  of  the  Decision  establishing  the 
Network other Community civil justice instruments have been adopted, have come into effect 
or will do so shortly7. The practical and effective implementation of all these instruments will 
involve enhancing the role of the Network, particularly in order to deal with the increase in 
requests for information and cooperation which may be expected as a result.  

Moreover,  in  order  to  implement  effectively  Community  and  international  instruments  on 
applicable  law,  the  Network  will  have  to  develop  gradually  its  assistance  to  the  courts  and 
other authorities concerning the application of foreign law.  

This proposal is therefore intended to provide the Network with an updated legal framework, 
a more effective organisation and increased resources so that it can establish itself within the 
European  area  of  justice  as  the  key  instrument  of  cooperation  between  all  civil  justice 
stakeholders.  

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7 

Doc. 7152/07 JUSTCIV 48. 
OJ C 53, 3.3.2005, p. 1. 
OJ C 198, 12.8.2005, p. 1. 
Directive  on  legal  aid  applicable  since  30  November  2004,  "Brussels  IIa"  Regulation  since  1 March 
2005, Directive on compensation to crime  victims since 1 January 2006, Regulation on the European 
Enforcement  Order  since  21  October  2005,  Regulation  creating  a  European  order  for  payment 
procedure  applicable  from  12  December  2008,  Regulation  establishing  a  European  Small  Claims 
Procedure applicable from 1 January 2009, Rome II Regulation on the law applicable to non-contractual 
relations from 11 January 2009, Regulation amending the Regulation on the service of documents from 
13  November  2008,  as  well  as  the  Directive  on  certain  aspects  of  mediation  in  civil  and  commercial 
matters of 21 May 2008 and the Rome 1 Regulation on the law applicable to contractual obligations, 
which is in the process of being adopted.  

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2. 

LEGAL ELEMENTS OF THE PROPOSAL 

2.1 

Legal basis 

The  legal  basis  for  this  proposal  is  Article  61(c)  of  the  Treaty,  which  empowers  the 
Community to adopt measures in the field of judicial cooperation in civil matters referred to 
in Article 65 in accordance with the second indent of Article 67(5) and under the co-decision 
procedure provided for in Article 251.  

Denmark is not participating in the adoption of the present Decision and is not bound by it or 
subject  to  its  application  by  virtue  of  Articles  1  and  2  of  the  Protocol  on  the  position  of 
Denmark annexed to the Treaty on European Union and the Treaty establishing the European 
Community. [This decision does not apply to the United Kingdom and Ireland either unless 
they give notice of their wish to take part 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 the 
Treaty establishing the European Community.] 

2.2 

Subsidiarity principle 

As the objectives of the proposed decision, namely to enhance judicial cooperation between 
the  Member  States  and  to  ensure  effective  access  to  justice  for  persons  engaging  in 
cross-border  litigation,  cannot  be  sufficiently  coordinated  by  the  Member  States  and  can 
therefore  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. The choice 
of  a  mandatory  Community  instrument  in  the  form  of  a  decision  is  justified  by  the  need  to 
ensure that its provisions are applied uniformly by all the Member States so that its objectives 
can be attained.  

2.3 

Principle of proportionality 

The  main  objective  of  the  proposed  decision  is  the  coordinated  and  homogeneous 
enhancement of judicial cooperation between Member States, principally through the existing 
Network  structures.  The  proposed  decision  does  not  affect  the  existing  cooperation 
mechanisms in the Member States as referred to in Article 2(1)(b) and (d) and is based on the 
improvement  of  cooperation  between  the  different  components  of  the  Network.  The 
participation  of  the  legal  professions  in  the  Network  will  be  based  on  the  designation  of 
participants within the Member States and will help to increase the means of action available 
to the Network.  

Therefore,  in  accordance  with  the  principle  of  proportionality  set  out  in  Article  5  of  the 
Treaty,  this  proposal  for  a  decision  does  not  go  beyond  what  is  necessary  to  achieve  its 
objectives. 

3. 

BUDGETARY AND FINANCIAL IMPACT  

The  proposal  is  based  largely  on  close  collaboration  between  the  Member  States  and  the 
Commission and on the financial resources made available for improving judicial cooperation 
under  Decision  1149/2007/EC  of  25  September  2007  establishing  for  the  period  2007-2013 
the  specific  programme  "Civil  Justice"  under  the  general  programme  "Fundamental  Rights 
and  Justice".  One  of  the  specific  objectives  of  the  "Civil  Justice"  programme  is  to  facilitate 
the operation of the Network. The financial impact of Network management and operation is 
therefore  taken  into  account  in  the  multiannual  financial  envelope  of  EUR 109.3  million 

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established  for  the  "Civil  Justice"  programme.  The  2007  work  programme  for  the  "Civil 
Justice" programme provided for EUR 3.25 million for Network management and operation. 
The  2008  work  programme,  currently  being  finalised,  provides  for  EUR  3.15  million  for 
Network  management  and  operation.  In  the  case  of  grants  to  actions,  the  work  programme 
gives priority to projects focusing on improving the understanding of the Network on the part 
of  judges  and  other  practitioners  of  the  law  and  improving  the  smooth  operation  of  the 
Network's contact points and cooperation between the contact points and legal practitioners. 
Of an indicative budget of EUR 3.5 million for grants to actions in 2007, EUR 1 million can 
be  devoted  to  co-financing  national  projects  for  improving  the  operation  of  the  Judicial 
Network.  

4. DETAILED EXPLANATION OF THE PROPOSAL 

4.1 

Access by legal professions to the Network's activities 

- Article 2(1)(e) 

The  purpose  of  this  provision  is  to  open  up  the  Network  to  the  legal  professions  directly 
concerned with civil judicial cooperation.  

Before  any  involvement  of  the  legal  professions  in  the  Network's  activities,  thorough 
consultation of both members of the Network and the legal professions concerned was carried 
out on the Commission's initiative. In its report of May 2006 the Commission, taking account 
of the results of this consultation, recommended that the Network be gradually opened up to 
other legal practitioners involved in the administration of justice. As the conduct of civil cases 
is,  to  a  large  extent,  the  business  of  the  parties  before  the  courts  of  the  Member  States,  the 
different legal professions are vital players in civil judicial cooperation. Their participation is 
likely to bring added value to legal practice in the European Union and enable the Network to 
achieve its objectives.  

Some Member States have already designated their national chambers of bailiffs or councils 
of notaries as members of the Network8.  

For the purposes of this proposal, "the legal professions concerned" means only those which 
participate  directly  in  the  concrete  application  of  Community  and  international  instruments 
concerning  civil  justice  in  the  course  of  judicial  or  extra-judicial  proceedings  such  as 
solicitors and barristers, notaries and bailiffs.  

In view of the private nature of relations between legal practitioners and their clients, which 
must not affect the operation of the Network or be affected by practitioners' participation in 
the  Network,  the  proposal  does  not  provide  for  direct  access  to  the  Network  for  individual 
members of the legal professions. Only the professional associations representing the different 
legal professions in each Member State will become members of the Network under Article 2. 
The  consultations  on  the  subject  produced  a  broad  consensus  in  favour  of  opening  up  the 
Network to the organisations representing those professions.  

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Belgium has designated the Chambre nationale des huissiers de justice for the purposes of Regulation 
(EC) No 1348/2000  and  France  has  designated  the Conseil  supérieur  du  notariat  for  the  1980 Hague 
Convention to Facilitate the International Access to Justice and the ICCS Convention on the exchange 
of information relating to acquisition of nationality. 

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-  Article  2(3)  provides  that,  where  there  is  more  than  one  association  representing  a  legal 
profession in a Member State, it will be the responsibility of that Member State to organise 
appropriate representation of that profession on the Network.  

- The second subparagraph of Article 5(1) concerning the functions of the contact points has 
been  amended  to  provide  that  the  contact  points  are  also  at  the  disposal  of  the  authorities 
referred  to  in  Article  2(1)(e)  (associations  representing  the  legal  professions)  for  the  same 
purposes  as  for  the  other  authorities,  in  accordance  with  rules  to  be  determined  by  each 
Member State.  

4.2 

Consolidation of the legal framework for contact points 

One  of  the  issues  studied  in  the  evaluation  of  the  Network  was  the  relations  between  its 
contact points and the central authorities referred to in Article 6. This aspect of the revision is 
key to improving the operation of the Network in a number of respects. 

-  Article  2(2)  of  the  Decision  has  been  adjusted  to  provide  that,  where  a  Member  State 
designates more than one contact point, it designates one of them as the main contact point, 
which  must  devote  its  time  entirely  to  Network  activities  to  the  exclusion  of  any  other 
functions, in particular those performed within the Network by the authorities referred to in 
points (b), (c), (d) (and the new (e)) in paragraph 1. 

It is provided that a judge may assist the main contact point if the latter is not a judge itself, as 
is the case in some Member States which maintain the freedom to designate any other person 
to the functions of contact point. This proposal should facilitate the circulation of information 
to  the  courts,  reduce  the  reservations  about  the  Network  which  some  judges  still  have  and 
give the contact points greater legitimacy in the eyes of the judiciary. 

The  Network's  role  concerning  the  application  of  the  law  of  another  Member 

4.3 
State 

The Network is given additional tasks so that in the future it can play a key role in informing 
the courts about the content of foreign law. Article 3(2)(b) is amended to provide that, where 
the law of another Member State is applicable, the courts and authorities responsible for the 
case can apply to the Network for information on the content of that law.  

A second subparagraph is added to Article 5(2)(a); it states that the contact points must now 
provide the courts of their Member State with information to facilitate the application of the 
law of another Member State. For this purpose, when a contact point receives such a request, 
it can draw support from all the components of the Network in its Member State. To preserve 
the independence of the requesting authorities, the information contained in the answer will 
not be binding either on the different authorities in the Network which have contributed or on 
the court which made the request. 

4.4 

Relations between contact points and central authorities  

To make the application of Article 6(2) more effective, a new subparagraph has been added 
stipulating a minimum number of meetings per year between the Network's contact points and 
the central authorities in each Member State. It is essential to develop exchanges of views and 
regular contact between these two categories of Network members in the Member States. 

4.5 

Enhancing the contact points' activities 

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A  point  (f)  is  added  to  Article  5(2)  on  the  functions  of  the  contact  points  and  provides  that 
they must present a two-yearly report on their activities. 

Article  8,  which  initially  covered  only  the  communications  facilities  used  by  the  contact 
points, has been adjusted to provide for faster processing of requests for judicial cooperation 
within  the  Network.  The  figures  notified  by  some  contact  points9  indicate  that  that  in  2007 
requests were processed on average within seven working days. However, there are disparities 
between  contact  points  and  relatively  long  processing  times  have  been  reported  for  some 
requests.  Yet  the  intervention  of  the  Network  as  compared  with  pre-existing  cooperation 
structures,  in  particular  the  central  authorities  and  diplomatic  channels,  is  justified  by  the 
added  value  which  it  is  likely  to  provide  in  terms  of  the  speed  and  ease  of  circulation  of 
requests. 

The  Commission  will  keep  a  secure  electronic  register  of  exchanges  of  judicial  cooperation 
between contact points that will be based on their contributions. It will also regularly supply 
the Network with statistics on requests for judicial cooperation. This will make it possible to 
enter  requests  in  the  register,  gather  reliable  and  complete  data  on  requests  and  related 
subjects  handled  by  the  Network  and  identify  the  exact  nature  of  the  problems  and  the 
instruments involved. 

Article 9 is amended to allow Member States to send six representatives, instead of four, to 
contact point meetings. This means that they will be able to include more judges and experts 
in their delegations to the thematic meetings provided for in Article 10(1)(b) and (c).  

4.6 

Improving citizens' access to justice  

Article 3(1)(b) includes effective access to justice for the general public among the Network's 
tasks and activities. Although recital 9 stated that one of the objectives of the Decision was 
"effective  access  to  justice  for  persons  engaging  in  cross-border  litigation",  this  effort  was, 
according to recital 14 and Article 3, confined to establishing an information system for the 
public at European level.  

The  Hague  Programme  placed  emphasis  on  the  improvement  of  access  to  justice  for  the 
general public and since 2002 a number of Community instruments have been adopted to this 
end10.  This  proposal  will  enable  the  Network  to  implement  these  new  instruments  more 
effectively. 

A new Article 5(2)(c)a has been inserted, which specifies that the contact points are to inform 
the public directly about relevant Community and international instruments and the domestic 
law of the Member States, focusing on access to civil justice. This task will now be performed 
under  the  direct  responsibility  of  the  contact  points  in  the  Member  States,  i.e.  at  the  level 
closest to ordinary citizens.  

The  heading  of  Title  III  of  the  Decision  has  been  re-worded  to  reflect  the  Network's  new 
priority as regards public information.  

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Figures notified by only six contact points in the Network. 
Essentially  these  are  the  Directives  on  legal  aid  and  on  compensation  to  crime  victims  and  the 
Regulations on a European order for payment procedures and on small claims procedures. Articles 28 of 
the former Regulation and Article 24 of the latter make explicit reference to the role of the Network in 
the proper application of their provisions. 

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It  has  transpired  that  obstacles,  particularly  in  terms  of  available  resources,  have  prevented 
direct  public  access  to  the  contact  points  as  envisaged  in  Article  19  of  the  Decision.  The 
Commission therefore proposes in Article 13a that, over an initial period, the contact points 
should gradually be made accessible to the public in the Member States only by means of the 
most appropriate technological facilities. This proposal will nevertheless enable the Network 
to implement these new instruments more effectively vis-à-vis the public. 

Paragraph  4(b)  of  Article  17  concerning  the  Commission's  role  in  the  Network's  public 
information  system  has  been  amended.  The  Commission  will  be  responsible  for  translation 
into  the  official  languages  of  the  Community  of  information  on  the  relevant  aspects  of 
Community  law  and  procedures,  including  Community  case  law,  introduced  into  the 
information system under Article 14, as well as translation of the system's general pages. For 
cost-effectiveness reasons the Commission will also translate the information sheets referred 
to  in  Article  15  into  the  same  languages,  depending  on  the  resources  available.  The 
experience gained since 2003 has shown that the translation resources available on the market 
were inadequate to translate the information sheets into all the languages in reasonable time. 
This issue will have to be addressed in the context of developing the eJustice initiative, under 
which  measures  will  be  considered  for  facilitating  the  translation  of  information  for  the 
public. 

4.7 

Relations with other networks and with international organisations  

An Article 12a has been added to provide for the establishment of exchanges and cooperation 
between  the  Network  and  other  European  networks  that  facilitate  cooperation  between 
judicial systems or access to justice.  

In the report referred to above, the Commission indicated that existing synergies between the 
Judicial  Network  and  the  European  Consumer  Centres  Network  (ECC  Net)  needed  to  be 
developed  so  that,  for  instance,  a  consumer  who  was  not  able  to  settle  a  dispute  within  the 
ECC  Net  could  receive  practical  assistance  in  gaining  access  to  justice  from  the  Judicial 
Network.  The  entry  into  force  on  1 January  2009  of  Regulation  (EC)  No  861/2007 
establishing a European Small Claims Procedure makes this proposal all the more necessary. 

Article  12a(3)  provides  that  the  Network  many  develop  exchanges  with  other  judicial 
cooperation networks established by third countries and with international organisations that 
are  developing  judicial  cooperation.  An  example  of  such  a  network  would  be  the  Latin 
American international judicial cooperation network IberRed11, in which Spain and Portugal 
participate,  but  other  regional  judicial  networks  could  also  be  concerned.  The  Hague 
Conference  on  International  Private  Law,  which  the  Community  joined  in  April  2007,  is 
among the international organisations referred to by this Article. 

4.8 

Position of the United Kingdom, Ireland and Denmark 

The United Kingdom and Ireland do not participate in cooperation in matters covered by Title 
IV of the Treaty unless they give notice of their wish to take part 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 the Treaty establishing the European Community.  

11 

The IberRed network, established in October 2004, is a structure made up of contact points in 23 Latin 
American  countries  which  aims  to  improve  judicial  assistance  in  civil  and  criminal  matters  and  to 
reinforce cooperation links between the countries concerned.  

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Denmark is not participating in the adoption of this Decision and is not bound by it or subject 
to  its  application  by  virtue  of  Articles  1  and  2  of  the  Protocol  on  the  position  of  Denmark 
annexed  to  the  Treaty  on  European  Union  and  the  Treaty  establishing  the  European 
Community.  However,  a  new  Article  11a  has  been  created  to  reflect  the  practice  whereby 
Denmark  has  been  allowed  to  attend  Network  meetings  as  an  observer  although  it  has  not 
participated in the application of the Decision. The Agreement between the Community and 
Denmark  extending  to  the  latter  the  provisions  of  two  Community  Regulations  concerning 
civil justice entered into force on 1 July 200712, which makes it all the more necessary that 
Denmark should be closely associated with the Network's activities.  

4.9 

The Network and international cooperation 

The  new  Article  11a(2)  will  make  it  possible  to  invite  accession  countries  to  attend  the 
Network's  meetings  as  observers  from  the  moment  the  act  of  accession  has  been  signed,  in 
line  with  a  practice  established  since  200213.  This  measure  will  allow  them  to  make  useful 
preparations  for  their  full  integration  into  the  Network.  The  proposal  will  extend  it  to  the 
candidate countries.  

4.10  Evaluation 

The  new  Article  19  provides  that  the  Commission  is  to  present  a  report  on  the  Network's 
activities  to  the  European  Parliament,  the  Council  and  the  European  Economic  and  Social 
Committee every three years. 

12 

13 

Agreement between the European Community and the Kingdom of Denmark extending to Denmark the 
provisions of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement 
of judgments in civil and commercial matters, and Agreement between the European Community and 
the  Kingdom  of  Denmark  extending  to  Denmark  the  provisions  of  Council  Regulation  (EC)  No 
1348/2000  on  the  service  in  the  Member  States  of  judicial  and  extrajudicial  documents  in  civil  or 
commercial matters (OJ L 120, 5.5.2006, pp. 22 and 23). 
"Accession  countries"  here  means  those  with  which  negotiations  have  been  completed  and  the 
accession  treaty  signed  (e.g.  Romania  and  Bulgaria  in  2006).  "Candidate  countries"  means  countries 
with which negotiations have commenced and are still under way (Turkey, Croatia, FYROM). The 10 
Member  States  which  joined  the  EU  on  1  May  2004  were  invited  to  Network  meetings  as  observers 
from December 2002. Bulgaria and Romania have attended Network meetings as observers since April 
2005. 

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2008/0122 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Decision 2001/470/EC establishing a European Judicial Network in 
civil and commercial matters 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission14, 

Having regard to the opinion of the European Economic and Social Committee15, 

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

Whereas: 

(1) 

(2) 

(3) 

14 
15 
16 
17 
18 

The European Judicial Network in civil and commercial matters between the Member 
States was established by Council Decision 2001/470/EC16 because it was considered 
that the establishment of an area of freedom, security and justice entailed the need to 
improve, simplify and expedite judicial cooperation between Member States. The date 
of application of that Decision was 1 December 2002. 

The Hague Programme on strengthening freedom, security and justice in the European 
Union,  adopted  by  the  European  Council  on  4  and  5  November  200417,  calls  for 
additional efforts to facilitate citizens' access to justice and judicial cooperation in civil 
matters.  In  particular,  it  focuses  on  the  effective  implementation  of  instruments  on 
civil justice adopted by the European Parliament and the Council and the promotion of 
cooperation  between  members  of  the  legal  professions  with  a  view  to  defining  best 
practices.  

In accordance with Article 19 of Decision 2001/470/EC, the Commission presented on 
16  May  2006  a  report  on  the  Network's  operation18.  The  report  concluded  that, 
although the Network had generally met the objectives set in 2001, it was still a long 
way from having fully developed its full potential.  

OJ C [..] of [..], p. [..]. 
OJ C [..] of [..], p. [..]. 
OJ L 174, 27.6.2001, p. 25. 
OJ C 53, 3.3.2005, p. 1. 
Report of 6 May 2006 from the Commission to the Council, the European Parliament and the European 
Economic  and  Social  Committee  on  the  application  of  Council  Decision  2001/470/EC  establishing  a 
European Judicial Network in civil and commercial matters (COM(2006) 203 final) 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

In  order  to  achieve  the  objectives  of  the  Hague  Programme  as  regards  improving 
judicial cooperation and citizens' access to justice and to take on the expected increase 
in the Network's tasks in the years ahead, the Network needs to have an updated legal 
framework to increase the means of action available to it. 

It  is,  firstly,  essential  to  achieve  better  structuring  of  the  Network's  operation  in  the 
Member  States  around  a  national  contact  point  and  thus  to  reinforce  the  latter's  role 
both within the Network and in relation to judges, law practitioners and civil society.  

To achieve this, there needs to be a main contact point in each Member State which 
devotes its time entirely to the Network's tasks and so can fully perform the functions 
assigned to it by Decision 2001/470/EC.  

In  future,  where  the  law  of  another  Member  State  is  designated  by  a  Community 
instrument or an international convention, the Network's contact points must play an 
important  role  in  informing  the  judicial  and  extra-judicial  authorities  in  the  Member 
States of the content of that foreign law. 

Contact  points  must  process  requests  for  cooperation  fast  enough  to  be  compatible 
with the Decision's general objectives.  

To  achieve  the  objectives  of  Decision  2001/470/EC  concerning  improved  judicial 
cooperation in the European Union and public access to justice, the legal professions 
directly  involved  in  the  application  of  Community  and  international  instruments 
concerning civil justice must become members of the Network through their national 
organisations.  

(10)  To  further  develop  the  Network's  functions  regarding  access  to  justice,  the  contact 
points  in  the  Member  States  should  also  gradually  be  made  more  accessible  to  the 
public by means of modern communications facilities.  

(11) 

In  order  to  improve  mutual  confidence  between  judges  in  the  European  Union  and 
synergies between the European networks involved, the Network needs to be able to 
maintain ongoing relations with the other European networks that share its objectives, 
in particular the networks of judicial institutions and judges.  

(12)  To promote international judicial cooperation, the Network needs to be able to develop 
contacts  with  the  other  judicial  cooperation  networks  in  the  world  and  with  the 
international organisations that promote international judicial cooperation.  

(13)  To allow regular monitoring of progress in achieving the objectives of this Decision, 
the Commission should present reports to the European Parliament and the Council on 
the Network's activities.  

(14)  Council Decision 2001/470/EC should be amended accordingly. 

(15)  As  the  objectives  of  the  proposed  action,  namely  to  enhance  effective  judicial 
cooperation  between  the  Member  States  and  to  ensure  effective  access  to  justice  for 
persons  engaging  in  cross-border  litigation,  cannot  be  sufficiently  achieved  by  the 
Member  States  and  can  therefore  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 set 

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(16) 

(17) 

out in that Article, this Decision does not go beyond what is necessary to achieve these 
objectives. 

[The United Kingdom and Ireland, 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,  have  given  notice  of  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  the  Treaty  establishing  the  European 
Community, Denmark is not taking part in the adoption of this Decision, which is not 
therefore binding on or applicable to Denmark, 

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HAVE ADOPTED THIS DECISION: 

Article 1 

Decision 2001/470/EC is amended as follows: 

1) 

Article 2 is amended as follows: 

(a) Paragraph 1 is amended as follows: 

(i) in point (c), the words "cooperation in civil and commercial matters" are replaced by the 

words "judicial cooperation in civil and commercial matters";  

(ii) the following point (e) is added: 

"(e)  professional  associations  representing  at  national  level  in  the  Member  States  lawyers, 
notaries,  bailiffs  and  other  legal  practitioners  directly  involved  in  the  application  of 
Community  and  international  instruments  concerning  judicial  cooperation  in  civil  and 
commercial matters." 

(b) Paragraph 2 is amended as follows: 

(i) the second subparagraph is replaced by the following: 

"Where  a  Member  State  designates  several  contact  points,  it  shall  designate  a  main  contact 
point among them and shall ensure that appropriate coordination mechanisms apply between 
them. The person designated as sole contact point or as main contact point of a Member State 
shall perform only the contact point functions provided for in this Decision to the exclusion of 
any other functions, in particular those referred to in paragraph 1(b), (c), (d) and (e)." 

(ii) the following subparagraph is added: 

"If  the  contact  point  designated  under  the  second  subparagraph  is  not  a  judge,  the  Member 
State concerned shall designate a judge to assist it in its liaison tasks with the local judicial 
authorities. This judge shall be a full member of the Network." 

(c) Paragraph 3 is replaced by the following: 

"3. 
The Member States shall identify the authorities referred to in points (b), (c) and (e) of 
paragraph  1.  For  the  purposes  of  point  1(e),  where  there  is  more  than  one  association 
representing  a  legal  profession  in  a  Member  State,  it  shall  be  the  responsibility  of  that 
Member State to provide for appropriate representation of that profession on the Network." 

(d) In paragraph 5, the words "in paragraph 1" are replaced by "in paragraphs 1 and 2". 

2) 

Article 3 is amended as follows: 

(a) In paragraph 1, point (b) is replaced by the following: 

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"(b) 
facilitating the effective access of the public to justice, in particular through measures 
providing  information  on  the  working  of  Community  and  international  instruments 
concerning judicial cooperation in civil and commercial matters." 

(b) The following is added to paragraph 2(b): 

"in particular, where the law of another Member State is applicable, the courts or authorities 
responsible for the case can apply to the Network for information on the content of that law." 

3) 

Article 5 is amended as follows: 

(a) The second subparagraph of paragraph 1 is replaced by the following: 

"The contact points shall also be at the disposal of the local judicial authorities in their own 
Member  State  and  the  authorities  referred  to  in  Article  2(1)(e)  for  the  same  purposes,  in 
accordance with rules to be determined by each Member State."  

(b) Paragraph 2 is amended as follows: 

(i) point (a) is replaced by the following: 

"(a) supply the other contact points, the authorities mentioned in Article 2(1)(b), (c), (d) and 
(e)  and  the  local  judicial  authorities  in  their  own  Member  State  with  all  the  information 
needed  for  sound  judicial  cooperation  between  the  Member  States  in  accordance  with 
Article 3, in order to assist them in preparing operable requests for judicial cooperation and in 
establishing  the  most  appropriate  direct  contacts;  in  particular,  supply  any  information  to 
facilitate application of the law of another Member State that is applicable to the dispute or 
situation  under  a  Community  or  international  instrument.  To  this  end,  the  contact  point  to 
which such a request is addressed may draw on the support of any of the other authorities in 
its  Member  State  referred  to  in  Article  2  in  order  to  supply  the  information  requested.  The 
information  contained  in  the  reply  shall  not  be  binding  on  the  contact  point,  the  authorities 
consulted or the authority which made the request." 

(ii) the following point (c)a is inserted:  

inform  the  public  on  judicial  cooperation  in  civil  and  commercial  matters  in  the 
"c)a 
European Union, relevant Community and international instruments and the domestic law of 
the Member States, with particular reference to access to justice;" 

(iii) the following point (f) is added:  

draw  up  a  two-yearly  report  on  their  activities  and  submit  it  at  a  meeting  of  the 

"(f) 
members of the Network."  

4) 

The following subparagraph is added to Article 6(2):  

"To this end, the contact point(s) and competent authorities in each Member State shall meet 
at least once a year according to rules determined by each Member State." 

5) 

Article 8 is replaced by the following: 

EN 

"Article 8 

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Accelerated processing of requests for judicial cooperation 

1. 
The contact points shall respond to all requests submitted to them without delay and at 
the latest within ten days of receipt thereof. If a contact point cannot reply to a request within 
ten  days  of  receipt  thereof,  it  shall  inform  the  requester  briefly  of  this  fact,  indicating  how 
long it considers it will need to reply. 

2. 
In order to respond as efficiently and rapidly as possible to the requests referred to in 
paragraph  1,  the  contact  points  shall  use  the  most  appropriate  technological  facilities  made 
available to them by the Member States. 

3. 
The Commission shall keep a secure, limited-access electronic register of the requests 
for judicial cooperation and replies referred to in Article 5(2)(a), (b), (c) and (c)a and Article 
13a. The contact points shall ensure that the information necessary for the establishment and 
operation of this system is supplied regularly to the Commission. 

The  Commission  shall  supply  the  contact  points  with  information  on  the  judicial 

4. 
cooperation requests and replies referred to in paragraph 3 at least once every six months." 

6) 

7) 

In Article 9(2), the word "four" is replaced by the word "six". 

The following Article 11a is inserted: 

"Article 11a 

Participation of observers at Network meetings 

Without  prejudice  to  Article  1(2),  Denmark  may  be  represented  at  the  meetings 

1. 
referred to in Articles 9 and 11. 

2. 
The  accession  countries  and  candidate  countries  may  be  invited  to  attend  these 
meetings as observers. Third countries that are party to the Convention on jurisdiction and the 
recognition and enforcement of judgments in civil and commercial matters signed at Lugano 
on 30 October 2007 may also attend certain Network meetings as observers. 

Each observer State may be represented at the meetings by one or more persons, but 

3. 
under no circumstances may there be more than three representatives per State." 

8) 

The following Article 12a is inserted: 

"Article 12a 

Relations with other networks and international organisations 

1. 
The Network shall maintain relations with the other European networks that share its 
objectives, in particular the European Judicial Network in criminal matters and the European 
Judicial Training Network.  

2. 
The Network shall maintain relations with the European Consumer Centres Network 
(ECC Net). In particular, in order to supply any information necessary to facilitate consumer 
access to justice, the contact points of the European Judicial Network in civil and commercial 
matters shall be at the disposal of the contact points of ECC Net. 

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3. 
In  order  to  meet  its  responsibilities  under  Article  3  concerning  international 
instruments  on  judicial  cooperation  in  civil  and  commercial  matters,  the  Network  shall 
maintain  contact  and  exchanges  of  experience  with  the  other  judicial  cooperation  networks 
established  between  third  countries  and  with  international  organisations  that  promote 
international judicial cooperation.  

The  Commission,  in  close  cooperation  with  the  Presidency  of  the  Council  and  the 

4. 
Member States, shall be responsible for implementing the provisions of this Article." 

9) 

The heading of Title III is replaced by the following:  

"Title III 

Information available within the Network and information provided to the public"  

10) 

The following point (c) is added to Article 13(1): 

"c) 

the information referred to in Article 8." 

11) 

The following Article 13a is inserted:  

"Article 13a 

Provision of information to the public by the contact points 

The Network's contact points shall gradually be made more accessible to the public, using the 
most  appropriate  technological  facilities  to  inform  it  about  the  content  and  application  of 
Community  or  international  instruments  on  judicial  cooperation  in  civil  and  commercial 
matters  and,  where  necessary,  to  direct  it  to  the  authorities  responsible  for  their  actual 
application, in particular those referred to in Article 6." 

12) 

Article 17(4)(b) is replaced by the following: 

"(b)  arrange,  within  the  limits  of  available  resources,  for  the  translation  into  the  official 
languages  of  the  Institutions  of  the  Community  of  information  on  the  relevant  aspects  of 
Community  law  and  procedures,  including  Community  case  law,  and  of  the  information 
system's general pages and the information sheets referred to in Article 15, and install them on 
the Network's dedicated site." 

13) 

Article 19 is replaced by the following: 

"Article 19 

Evaluation 

No later than [...] [three years after the date of application of this Decision], and every three 
years  thereafter,  the  Commission  shall  present to  the  European  Parliament,  the  Council  and 
the  Economic  and  Social  Committee  a  report  on  the  activities  of  the  Network.  This  report 
shall be accompanied, if need be, by proposals for adaptations." 

14) 

Article 20 is replaced by the following:  

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"Article 20 

Notification 

No  later  than  [...]  [six  months  before  the  date  of  application  of  this  Decision],  the  Member 
States shall notify the Commission of the information referred to in Article 2(5)." 

Article 2 

Entry into force 

This Decision shall enter into force on [ …] 

It  shall  apply  from  [....],  except  for  Articles  2  and  20,  which  shall  apply  from  the  date  of 
notification of the Decision to the Member States to which it is addressed. 

This Decision is addressed to the Member States in accordance with the Treaty establishing 
the European Community. 

Done at Brussels, […] 

For the European Parliament 
The President 

For the Council 
The President 

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