CELEX: 51996PC0580
Language: en
Date: 1996-11-15
Title: 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)

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51996PC0580

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)  /* COM/96/0580 FINAL - COD 96/0277 */  

Official Journal C 378 , 13/12/1996 P. 0017

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) (96/C  378/08) COM(96) 580 final - 96/0277(COD) (Submitted by the Commission on 19 November 1996) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 100a  thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the Economic and Social Committee, Acting in compliance with the procedure laid down by Article 189b of the Treaty, (1) Whereas Declaration No 19 on the implementation of Community law annexed to the Final Act of  the Treaty on European Union and adopted by the Conference of Representatives of the Governments of  the Member States on 7 February 1992 stresses that it is essential for the proper functioning of  the Community that the measures taken by the different Member States should result in Community law  being applied with the same effectiveness and rigour as in the application of their national law; (2) Whereas the completion of the internal market has required a considerable legislative effort  involving, inter alia, the approximation of national laws with a view to creating an area without  frontiers; (3) Whereas the effective and uniform application of the Community rules in question represents a  new priority which is essential to the smooth functioning of the internal market; (4) Whereas those Community rules on the freedoms of the internal market which are directly  applicable may be invoked before any national court in accordance with the procedures defined by  national law; whereas citizens, consumers and enterprises should be able to rely on the proper  application of Community law and to benefit from the rights and guarantees available in each Member  State; whereas legal certainty and the credibility of the internal market are at stake as is, more  generally, citizens' confidence in European integration; (5) Whereas citizens, consumers and enterprises will be unable to enforce all their rights under  the Community legal system before any national court within the Union unless those members of the  legal professions most directly involved in implementing Community law, i.e. judges and lawyers,  are sufficiently informed and trained to do so; (6) Whereas the Commission communication to the Council of 22 December 1993 'Making the most of the  internal market: strategic programme`  (1) emphasizes the importance, to persons subject to legal  proceedings and to the smooth functioning of the internal market, of national courts being in a  position to resolve a larger proportion of cases concerning the conformity of rules or behaviour  with Community law and, to that end, the need to improve awareness of Community law within the  legal profession; (7) Whereas, in its resolution of 13 February 1996 on the Commission's Twelfth Annual Report on  monitoring the application of Community law  (2), the European Parliament asked the Commission to  put forward a programme for the purposes of training and informing the legal professions in the  field of Community law with a view to making the application of Community law by national courts  more uniform and effective; (8) Whereas raising awareness of Community law among judges and lawyers in the Member States is  likely to improve the cooperation between the national courts and the Court of Justice that is an  inherent part of the Community legal system; (9) Whereas, in compliance with the principle of subsidiarity and by virtue of Article 127 of the  Treaty, it is not for the European Community to assume the role of the Member States in determining  the organization or content of training for judges and lawyers; (10) Whereas it is within the European Community's remit to propose establishing support  arrangements designed to help Member States to remedy a lack of training and information wherever  this may affect the correct application of Community law necessary for the smooth functioning of  the internal market; (11) Whereas the objective of making legal practitioners more aware of Community law must form part  of overall arrangements which, from checks on the correct transposal into national legislation of  Community law to the penalties applicable in the event of this law being breached, are designed to  ensure the effective and uniform application of internal market rules; (12) Whereas achieving this objective entails using specific resources adapted to the requirements  and constraints of professional practice; whereas the creation of a specific instrument whose  objective is to raise awareness of Community law among judges and lawyers in the European Union  complements, for a target public, existing Community programmes and initiatives, HAVE DECIDED AS FOLLOWS: Article 1 Creation of the Robert Schuman Project 1.  This Decision sets up the programme known as the 'Robert Schuman Project` for the period 1  January 1998 to 31 December 1999. 2.  By means of this financial support instrument the European Union shall encourage and support  initiatives designed to raise awareness of Community law among judges and lawyers within the Member  States of the Union. Article 2 Objectives of the Robert Schuman Project 1.  The Robert Schuman Project shall: (a) encourage the launch of practical training initiatives in Community law in the Member States  (initial or continuing training) by bodies responsible for training judges and lawyers or future  judges and lawyers; (b) encourage the development, in the Member States, of information resources (traditional or based  on new communication and information technology) in Community law for judges and lawyers; (c) support initiatives likely to facilitate implementation of the above two forms of support,  complement them or enhance their impact. 2.  The Robert Schuman Project shall support and complement training and information work on  Community law undertaken by the Member States while not encroaching on their responsibility for  defining course content and organizing vocational train Article 3 Instrument of Community intervention 1.  The Robert Schuman Project is designed to provide financial support to initiatives launched in  the Member States with a view to achieving the objectives referred to in Article 2. 2.  Each of those objectives corresponds to a specific sub-part of the Robert Schuman Project:  'training`, 'information`, and 'accompanying initiatives`. Article 4 Eligibility 1.  The institutions responsible in the Member States - at local, regional or national level - or  at Community level for: - continuing vocational training of judges or lawyers, or - initial vocational training of future judges or lawyers, shall be considered eligible for financial support under the Robert Schuman Project. 2.  The institutions concerned are: (a) the courts; (b) bar associations and equivalent professional bodies; (c) the Ministries of Justice, Judicial Service Commission or equivalent bodies; (d) approved professional schools or educational institutes responsible for the initial or  continuing training of judges or lawyers; (e) universities providing initial or continuing training of judges or lawyers. Article 5 Project selection criteria 1.  Eligible institutions shall apply for financial support under the Robert Schuman Project by  submitting a training, information or accompanying project to the competent Commission  departments. 2.  Projects shall be selected, and financial support awarded, on the basis of the following  criteria: (a) Practical use The measures envisaged shall enable the target groups to acquire knowledge adapted to, and  immediately useful in, the day-to-day practice of their profession. (b) Accessibility The measures envisaged shall raise awareness among the greatest possible number of judges and  lawyers and, in particular, shall benefit those who have not yet become acquainted with Community  law. (c) Adjustment to constraints of professional practice The way in which the measures envisaged are implemented shall reflect the needs of professional  practice (particularly in terms of planning and geographical proximity). (d) Cost-effectiveness When assessing projects submitted under the Robert Schuman Project, the Commission shall work on  the basis of the principles laid down by the relevant financial regulations, in particular the  principles of sound financial management, economy and costeffectiveness. Costs entailed by the measures envisaged shall be consistent with their objectives.  Cost-effectiveness may be improved by partnerships involving several eligible institutions which  pool their resources. 3.  Complementary optional criteria: The following optional assessment criteria shall also be taken into account: (a) inter-professional dimension of measures (targeted on or involving both judges and lawyers); (b) cross-border dimension of measures (targeted on or involving nationals of more than one  European Union Member State). Article 6 Support arrangements 1.  Financial support under the Robert Schuman Project, which is designed to encourage, complement  and support the work of the institutions referred to in Article 3, shall be provided in addition to  local or national funds and shall be used to realize projects. Financial support thus awarded may  not, therefore, entail the realization of direct or indirect profits. 2.  So as to ensure continuity, recipients of Robert Schuman Project grants shall undertake to  continue their work without support from the Commission as from the date on which grants cease, for  a period equivalent to that for which they were given. Recipients undertake to repay all amounts disbursed if they fail to meet this obligation. 3.  Financial support under the Robert Schuman Project shall be awarded for one or two years. 4.  Financial support provided under the Robert Schuman Project shall be awarded in accordance with  Commission's rules governing grants. Compliance with these rules shall be monitored by the  Commission and the Court of Auditors. Article 7 Implementation 1.  The Commission shall determine the arrangements for implementing this programme. 2.  A call for expressions of interest shall be published each year in the Official Journal of the  European Communities to inform potential applicants of the Robert Schuman Project's objectives and  conditions governing the award of grants. Article 8 Cohesion of Community action 1.  The Commission shall be responsible, together with the Member States, for ensuring overall  cohesion between this programme and other Community training or information initiatives. 2.  The Robert Schuman Project shall complement action carried out under other Community  programmes, in particular the Leonardo da Vinci programme for the implementation of a European  Community vocational training policy, the Jean Monnet Project to promote teaching on European  integration at university level, or the Grotius programme of incentives and exchanges for legal  practitioners (Joint Action adopted on the basis of Article K.3 of the Treaty on European Union). Article 9 Assessment and monitoring 1.  The Commission, acting in conjunction with the Member States, shall be responsible for  assessing and monitoring the programme on a periodic basis with a view to effecting any adjustments  deemed necessary in the course of its operation. 2.  The Commission shall submit an assessment report on implementation of the programme to the  European Parliament, the Council, the Economic and Social Committee and the Committee of the  Regions by 31 December 1999 at the latest. Article 10 Entry into force This Decision shall enter into force on 1 January 1997. (1) COM(93) 632.  (2) OJ No C 65, 4. 3. 1996, p. 37.