natgillin/translations-raw huggingface dataset:
Článek 26a (nový)
Article 26 a (new)
Článek 26a
Article 26 a
Nejpozději ... * předloží Komise Evropskému parlamentu, Radě a Evropskému hospodářskému a sociálnímu výboru zprávu o používání tohoto nařízení s ohledem na odstavce 1 a 2 a v případě potřeby další návrhy na úpravu tohoto nařízení:
Not later than … * , the Commission shall submit to the European Parliament, the Council and the European Economic and Social Committee, in respect of paragraphs 1 and 2, reports on the application of this Regulation and, if necessary, make further proposals to adapt it:
Při vypracovávání této zprávy se Komise zaměří zejména na důsledky způsobu, jakým soudy jednotlivých členských států používají cizí právo, a na problematiku náhrady škody, včetně možnosti ukládat exemplární náhrady či tresty, uplatňované v některých státech.
In making its report, the Commission shall pay particular attention to the effects of the way in which foreign law is treated in the different jurisdictions and the question of damages, including the possibility of awarding exemplary or punitive damages in certain jurisdictions.
Komise rovněž zváží, zda by neměl být navržen právní předpis Společenství upravující určení práva rozhodného pro dopravní nehody.
It shall also consider whether Community legislation specifically dealing with the law applicable to traffic accidents ought to be proposed.
Součástí zprávy musí být analýza rozsahu, v jakém soudy jednotlivých členských států v praxi používají cizí právo, včetně doporučení týkajících se vhodnosti jednotného přístupu k používání cizího práva.
The report shall include an analytical study of the extent to which courts in the Member States apply foreign law in practice, including recommendations as to the desirability of a common approach to the application of foreign law.
V prostředí, ve kterém jsou komunikační činnosti čím dál více vyvíjeny na úrovni celého kontinentu, vedou rozdíly mezi formami ochrany osobnosti v právních systémech a zavedenými tiskovými tradicemi v Evropské unii k potřebě jednotnějších podmínek a pravidel řešení sporů.
In a communications environment operating increasingly on a continent-wide basis, the various forms of law relating to the personality and historically established press traditions in the European Union point to the need for more uniform prerequisites and rules for dispute resolution.
Právě z ochranné povahy svobody tisku a z její úlohy ve společnosti však vyplývá, že v tomto procesu by měla být dána přednost sdělovacím prostředkům, které s ochranou osobnosti zacházejí zodpovědně a jsou připraveny autonomně a na základě dohody zavést samoregulační „evropský kodex sdělovacích prostředků“ nebo ustavit „evropskou mediální radu“, která by též vytvořila postupně se upevňující hlavní směry pro rozhodování příslušných soudů.
The very nature, which merits safeguarding, of press freedom and its role in society would suggest, however, that in the process priority should be given to media which deal responsibly with rights relating to the personality and are prepared to establish autonomously, and on the basis of consensus, a self-obligating European Media Code and/or a European Media Council which can provide consolidating decision-taking guidelines for the relevant courts as well.
Komise je vyzvána, aby zvážila, jaké jsou možnosti k podpoře takového procesu, a vydala zprávu obsahující doporučení ohledně podoby dalekosáhlejších kroků.
The Commission is called on to consider what scope there is for providing support for such a process and to present recommendations, in a report, on what form more far-reaching steps should take.
* Tři roky od data přijetí tohoto nařízení.
* Three years after the date of adoption of this Regulation.
A review clause would appear necessary and desirable.
A review clause would appear necessary and desirable.
Paragraph 2 is self-explanatory.
Paragraph 2 is self-explanatory.
The amendments presented to the proposal for a regulation are intended to rationalise and simplify the original proposal.
The amendments presented to the proposal for a regulation are intended to rationalise and simplify the original proposal .
The rapporteur suggests that the best approach is first to consider whether the parties have agreed on what the applicable law should be (Article 2a).
The rapporteur suggests that the best approach is first to consider whether the parties have agreed on what the applicable law should be (Article 2a).
Indeed, she can see no reason why parties should not be able to agree to submit non-contractual obligations to the law of their choice before, and not only after, the dispute arises, where it is clear beyond doubt that the parties are in a pre-existing arms-length commercial relationship.
Indeed, she can see no reason why parties should not be able to agree to submit non-contractual obligations to the law of their choice before, and not only after, the dispute arises, where it is clear beyond doubt that the parties are in a pre-existing arms-length commercial relationship.
She has also made it possible for such agreements to be made in respect of disputes relating to intellectual property rights.
She has also made it possible for such agreements to be made in respect of disputes relating to intellectual property rights.
She is conscious that this is controversial, but considers that it warrants being debated.
She is conscious that this is controversial, but considers that it warrants being debated.
Otherwise the courts should apply either the rules set out in Article 3 or the successive rules for specific non-contractual obligations.
Otherwise the courts should apply either the rules set out in Article 3 or the successive rules for specific non-contractual obligations.
Article 3 opts in the first place for the lex loci delicti commissi .
Article 3 opts in the first place for the lex loci delicti commissi .
But, exceptionally, where the non-contractual obligation is manifestly more closely connected with another country, the court should opt for the law of that country.
But, exceptionally, where the non-contractual obligation is manifestly more closely connected with another country, the court should opt for the law of that country.
The connecting factors specifically mentioned allow courts to apply the law of the place of habitual residence of the victim and the tortfeasor or to take account of a pre-existing legal or de facto relationship between them.
The connecting factors specifically mentioned allow courts to apply the law of the place of habitual residence of the victim and the tortfeasor or to take account of a pre-existing legal or de facto relationship between them.
This is designed, as points (c) and (d) make plain, to produce certainty, predictability and uniformity of result and protect legitimate expectations.
This is designed, as points (c) and (d) make plain, to produce certainty, predictability and uniformity of result and protect legitimate expectations.
Your rapporteur takes the view that the complexity of many cases is such that a flexible regime is more appropriate than rigid rules for each class of non-contractual obligation.
Your rapporteur takes the view that the complexity of many cases is such that a flexible regime is more appropriate than rigid rules for each class of non-contractual obligation.
Small factual differences in cases can substantially alter the parties' expectations and the policy considerations at stake.
Small factual differences in cases can substantially alter the parties' expectations and the policy considerations at stake.
Moreover, in disputes which take place in a Community of States without borders, all having different legal systems but sharing a common heritage of human rights provisions and Community law, justice will often be served by applying dépeçage .
Moreover, in disputes which take place in a Community of States without borders, all having different legal systems but sharing a common heritage of human rights provisions and Community law, justice will often be served by applying dépeçage .
It is for this reason, that Article 3(3) provides that the court seised must, where necessary, subject each issue of the dispute to separate analysis.
It is for this reason, that Article 3(3) provides that the court seised must, where necessary, subject each issue of the dispute to separate analysis.
This may prove necessary, inter alia , in order to avoid having to apply statuta odiosa of non-Community countries.
This may prove necessary, inter alia , in order to avoid having to apply statuta odiosa of non-Community countries.
What is essential is that courts are provided with a clear instrument which allows them the necessary flexibility in order to do justice to the parties in individual cases.
What is essential is that courts are provided with a clear instrument which allows them the necessary flexibility in order to do justice to the parties in individual cases.
As far as traffic accidents are concerned, the rapporteur considers that since several Member States have ratified the Hague Convention, they should be free to continue to apply it until such time as a Community instrument has been adopted.
As far as traffic accidents are concerned, the rapporteur considers that since several Member States have ratified the Hague Convention, they should be free to continue to apply it until such time as a Community instrument has been adopted.
In addition, since it would in some cases plainly be equitable to award damages for personal injuries on the scale of the victim's country of residence and not on the scale of the country in which the accident occurred, a provision is included to this effect.
In addition, since it would in some cases plainly be equitable to award damages for personal injuries on the scale of the victim's country of residence and not on the scale of the country in which the accident occurred, a provision is included to this effect.
In this connection, the rapporteur considers that it is important to include a reference to the Brussels I Regulation and the Fourth and Fifth Motor Insurance Directives, which allow the victim to bring a direct action against the insurers.
In this connection, the rapporteur considers that it is important to include a reference to the Brussels I Regulation and the Fourth and Fifth Motor Insurance Directives, which allow the victim to bring a direct action against the insurers.
The rapporteur has also made it clear that, except where specific reference is made thereto in the Regulation, the question of the quantum of any damages awarded should be dealt with under the law of the forum.
The rapporteur has also made it clear that, except where specific reference is made thereto in the Regulation, the question of the quantum of any damages awarded should be dealt with under the law of the forum.
Your rapporteur has provided for special rules for defamation, unjust enrichment, agency without authority and torts arising out of industrial disputes.
Your rapporteur has provided for special rules for defamation, unjust enrichment, agency without authority and torts arising out of industrial disputes.
In contrast, she has deleted the special provisions on defective products, unfair competition and violations of the environment, on the ground that, in the absence of persuasive evidence to the contrary and clear definitions of the torts/delicts concerned, the general rules are adequate to cope with the situations concerned.
In contrast, she has deleted the special provisions on defective products, unfair competition and violations of the environment, on the ground that, in the absence of persuasive evidence to the contrary and clear definitions of the torts/delicts concerned, the general rules are adequate to cope with the situations concerned.
Whereas the rapporteur might be persuaded that specific provisions on defective products should be included if a good case were made out for this, she would be loath to include provisions on unfair competition and violations of the environment in the absence of a definition clause clearly setting out what torts/delicts are meant by those expressions.
Whereas the rapporteur might be persuaded that specific provisions on defective products should be included if a good case were made out for this, she would be loath to include provisions on unfair competition and violations of the environment in the absence of a definition clause clearly setting out what torts/delicts are meant by those expressions.
As far as violations of privacy and rights relating to the personality are concerned, the rapporteur takes the view that the lex loci delicti commissi should in principle apply, but that the court should be able to consider that a manifestly closer connection exists with the country of publication or broadcasting having regard to sales per Member State, audience figures and so on.
As far as violations of privacy and rights relating to the personality are concerned, the rapporteur takes the view that the lex loci delicti commissi should in principle apply, but that the court should be able to consider that a manifestly closer connection exists with the country of publication or broadcasting having regard to sales per Member State, audience figures and so on.
In line with the Brussels I Regulation on the recognition and enforcement of judgments, the court may also take account of the audience to which the publication or broadcast is principally directed.
In line with the Brussels I Regulation on the recognition and enforcement of judgments, the court may also take account of the audience to which the publication or broadcast is principally directed.
Given that Internet publications are also covered, it will be possible to avoid a situation in which different rules apply to the same publication, depending on whether it is made off- or on-line.
Given that Internet publications are also covered, it will be possible to avoid a situation in which different rules apply to the same publication, depending on whether it is made off- or on-line.
Your rapporteur considers that this should conduce to greater legal certainty.
Your rapporteur considers that this should conduce to greater legal certainty.
In order to take account of concerns expressed by publishers and broadcasters, she has also offered an alterative version of the provisions in question in order to allow full debate to take place in committee.
In order to take account of concerns expressed by publishers and broadcasters, she has also offered an alterative version of the provisions in question in order to allow full debate to take place in committee.
As far as other non-contractual obligations are concerned, your rapporteur has chosen to deal with unjust enrichment and agency without authority in two separate articles for the sake of simplicity.
As far as other non-contractual obligations are concerned, your rapporteur has chosen to deal with unjust enrichment and agency without authority in two separate articles for the sake of simplicity.
The rapporteur is conscious that her approach diverges from that of traditional international conventions in the field of private international law, but would point out that the instrument in preparation is a piece of Community legislation and hence has to satisfy different requirements.
The rapporteur is conscious that her approach diverges from that of traditional international conventions in the field of private international law, but would point out that the instrument in preparation is a piece of Community legislation and hence has to satisfy different requirements.
In contrast to previous instruments where the Community has taken over an existing international convention on private law, in this instance there was no previous convention, which provides a unique opportunity to legislate in a specifically Community context.
In contrast to previous instruments where the Community has taken over an existing international convention on private law, in this instance there was no previous convention, which provides a unique opportunity to legislate in a specifically Community context.
In particular, your rapporteur has taken pains to ensure that the regulation can co-exist with Internal Market legislation and promote, rather than hamper, the proper functioning of the Internal Market.
In particular, your rapporteur has taken pains to ensure that the regulation can co-exist with Internal Market legislation and promote, rather than hamper, the proper functioning of the Internal Market.
Your rapporteur has been anxious to suggest a principled holistic approach which should avoid the necessity for confusing carve-outs and special regimes, present or future, as these merely serve to make our legislation more complex to navigate and less transparent.
Your rapporteur has been anxious to suggest a principled holistic approach which should avoid the necessity for confusing carve-outs and special regimes, present or future, as these merely serve to make our legislation more complex to navigate and less transparent.
Attention has also been paid to public policy.
Attention has also been paid to public policy.
Your rapporteur considers that it is important to make it clear that embryonic Community public policy exists, as reflected in the ECHR, the Charter of Fundamental Rights, national constitutional provisions and international humanitarian law.
Your rapporteur considers that it is important to make it clear that embryonic Community public policy exists, as reflected in the ECHR, the Charter of Fundamental Rights, national constitutional provisions and international humanitarian law.
The reference to international humanitarian law has been expressly added to avoid courts having to apply rules of law of a non-Community country which would be repugnant to European systems of values, even though it is implicit already in the rapporteur's reformulation of Article 3.
The reference to international humanitarian law has been expressly added to avoid courts having to apply rules of law of a non-Community country which would be repugnant to European systems of values, even though it is implicit already in the rapporteur's reformulation of Article 3.
Your rapporteur has also made it clear that rules of evidence and procedure are outside the scope of this Regulation in accordance with the traditional rules of private international law.
Your rapporteur has also made it clear that rules of evidence and procedure are outside the scope of this Regulation in accordance with the traditional rules of private international law.
Nevertheless, she has included provisions designed to ensure that national procedures are such that courts do in fact consider the question of the applicable law when proceedings falling within the scope of the Regulation are brought.
Nevertheless, she has included provisions designed to ensure that national procedures are such that courts do in fact consider the question of the applicable law when proceedings falling within the scope of the Regulation are brought.
This is essential in order to ensure uniformity of approach throughout the Union.
This is essential in order to ensure uniformity of approach throughout the Union.
In additional, the ordre public provision has been expanded to cover exemplary and punitive damages, since your rapporteur considers that it is not legally possible in an instrument such as this to legislate to prohibit the award of such damages.
In additional, the ordre public provision has been expanded to cover exemplary and punitive damages, since your rapporteur considers that it is not legally possible in an instrument such as this to legislate to prohibit the award of such damages.
She has, however, added a review clause mandating the Commission to examine, three years after the adoption of the Regulation, the question of damages and its impact in terms of forum shopping.
She has, however, added a review clause mandating the Commission to examine, three years after the adoption of the Regulation, the question of damages and its impact in terms of forum shopping.
Given the dissatisfaction which has been voiced about the Hague Convention on traffic accidents, your rapporteur proposes to ask the Commission to consider proposing a Community instrument for this area.
Given the dissatisfaction which has been voiced about the Hague Convention on traffic accidents, your rapporteur proposes to ask the Commission to consider proposing a Community instrument for this area.
Another key part of this review should be the issue of how national courts deal in practice with the application and use of foreign law; more evidence of this needs to be accumulated to ensure that there is equality of treatment with national law so as to encourage confidence in the use of foreign law in national courts and again discourage the perceived need for forum shopping.
Another key part of this review should be the issue of how national courts deal in practice with the application and use of foreign law; more evidence of this needs to be accumulated to ensure that there is equality of treatment with national law so as to encourage confidence in the use of foreign law in national courts and again discourage the perceived need for forum shopping.
Your rapporteur wishes to underline that this Regulation should be seen as both underpinning Member States' differing legal traditions in private law, which arise out of their individually unique historic cultural and social circumstances, but at the same time as providing clear guidance at a Community level as to how those differing traditions should be recognised when conflicts arise by giving proper weight to the priorities of the overall Community legal order.
Your rapporteur wishes to underline that this Regulation should be seen as both underpinning Member States' differing legal traditions in private law, which arise out of their individually unique historic cultural and social circumstances, but at the same time as providing clear guidance at a Community level as to how those differing traditions should be recognised when conflicts arise by giving proper weight to the priorities of the overall Community legal order.
The rapporteur would conclude by stating that this Regulation should assist in ensuring that the Community principles of mutual recognition and trust between the courts of the Member States are upheld.
The rapporteur would conclude by stating that this Regulation should assist in ensuring that the Community principles of mutual recognition and trust between the courts of the Member States are upheld.
Lastly, the rapporteur wishes to thank all those who have assisted her by giving her their advice and criticism, especially those who have participated in the work of the Project Team.
Lastly, the rapporteur wishes to thank all those who have assisted her by giving her their advice and criticism, especially those who have participated in the work of the Project Team.
The rapporteur has studied closely the Swiss Federal Law on Private International Law, the US Second Restatement and other instruments of federal States before reaching her conclusions as to what approach should be adopted.
The rapporteur has studied closely the Swiss Federal Law on Private International Law, the US Second Restatement and other instruments of federal States before reaching her conclusions as to what approach should be adopted.
The Draftsman would call upon the draftsman of the Committee on Legal Affairs to include in the report the following amendments which fall in its remit.
The Draftsman would call upon the draftsman of the Committee on Legal Affairs to include in the report the following amendments which fall in its remit.
Article 6 concerns violation of privacy and rights relating to the personality and its content has an enormous impact on fundamental principles as regards freedom of expression and right to information.
Article 6 concerns violation of privacy and rights relating to the personality and its content has an enormous impact on fundamental principles as regards freedom of expression and right to information.