7 Fundamental rights and citizenship
programme : civil justice
| (27990)
5288/1/06
| Draft Council Decision establishing for the period 2007-2013 the specific programme "Civil Justice" as part of the general programme "Fundamental rights and justice"
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| Legal base | Article 61(c) EC; co-decision; QMV
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| Deposited in Parliament | 10 November 2006
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| Department | Constitutional Affairs
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| Basis of consideration | EM of 16 November 2006
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| Previous Committee Report | None; but see (27961) 13104/06 HC 34- lxii (2005-06), para 1 (7 November 2006); (26529) 8210/05 HC 34-iv (2005-06), para 13 (20 July 2005); HC34 -xv (2005-06), para 17 (18 January 2006)
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| To be discussed in Council | Justice and Home Affairs Council 4-5 December 2006
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
7.1 On 20 July 2005 and 18 January 2006 we considered a Commission
communication on a Framework Programme entitled "Fundamental
rights and justice". One of the four elements of the programme
was a draft Council Decision setting up a "Civil justice"
programme for the period 2007-2013.
The draft Council Decision
7.2 The draft Council Decision establishes a "Civil Justice"
programme for the years 2007-2013 as part of the "Fundamental
Rights and Justice" Framework Programme.
7.3 The general objectives of the programme are set
out in Article 2 and concern the promotion of judicial cooperation,
the elimination of "obstacles to the good functioning of
cross-border civil proceedings in the Member States", to
foster access to justice and improve contacts and exchanges between
legal, judicial and administrative authorities and the legal professions
of the Member States, including by way of judicial training.
7.4 The specific objectives, set out in Article 3,
are largely a restatement of the general objectives. They are,
first, to foster judicial cooperation in civil matters aiming
at ensuring legal certainty, promoting mutual recognition of decisions
in civil and commercial cases, eliminating obstacles to cross-border
litigation and avoiding conflicts of jurisdiction. Secondly, the
programme aims to improve mutual knowledge of Member States' legal
and judicial systems and to promote mutual cooperation. Thirdly,
the programme is to "ensure the correct and concrete application
and the evaluation of Community instruments in the areas of judicial
cooperation in civil and commercial matters". Fourthly, the
programme is to improve information on the legal systems of Member
States. Fifthly, the programme is to "promote the training
of legal practitioners in Union and Community law". A sixth
objective is "to evaluate the general conditions necessary
to reinforce mutual confidence, while fully respecting the independence
of the judiciary". Finally, the programme is to facilitate
the operation of the European judicial network in civil and commercial
matters created by Council Decision No 2004/470/EC of 28 May 2001.[24]
7.5 Article 4 describes the activities which the
programme will support in pursuance of the above objectives. Such
activities will include studies and research undertaken by the
Commission. Also included are "specific transnational projects
of Community interest" involving at least two Member States
and one other State which may be either an acceding or candidate
country, and support for the activities of non-governmental organisations
"pursuing an aim of general European interest in accordance
with the general objectives of the programme".
7.6 Article 5 makes provision for the participation
of acceding and candidate countries and of those countries in
the Western Balkans which have concluded Stabilisation and Association
Agreements. Provision is also made for the association with projects
of practitioners from Denmark, from candidate countries and from
third countries. Article 6, entitled "Target Groups"
states that the programme is "targeted at legal practitioners,
the national authorities and the citizens of the Union in general".
For the purposes of Article 6 "legal practitioner" is
defined as including judges, prosecutors, "ministry officials",
court officers and interpreters as well as advocates and solicitors
and "other professionals associated with the judiciary in
the area of civil law". Articles 7 to 9 make provision for
access to the programme, for the making of grants and contracts
and other implementing measures.
7.7 Article 10 makes provision for the Commission
to be assisted by an advisory committee in determining funding
for particular projects, but the annual work programme is to be
established under a management committee procedure (Article 10A).
7.8 By virtue of Article 15, the Commission is to
ensure the regular, independent and external evaluation of the
programme, with the Commission being obliged to submit an interim
report by March 2011.
The Government's view
7.9 In her Explanatory Memorandum of 20 November
2006 the Parliamentary Under-Secretary of State at the Department
for Constitutional Affairs (Baroness Ashton of Upholland) explains
that the document follows working group discussions and that the
Government is content with the text as it stands, which leaves
the total figure to be spent on the programme to be agreed. The
Minister further explains that the Government would be content
with a figure in the area of €100
million.
7.10 The Minister also notes that the proposal provides
for routine decisions (such as those on individual applications
for funding) to be taken by the Commission with the assistance
of an advisory committee, but that the annual work programme would
be decided by means of the management committee procedure. The
Minister adds that this represents a change from the original
proposal which did not make provision for a management committee,
and that the Government considers this new text to provide for
a suitable and appropriate comitology[25]
arrangement.
Conclusion
7.11 We broadly agree with the objectives of this
programme and welcome in particular its emphasis on cross-border
proceedings, as well as the references to respect for the independence
of the judiciary.
7.12 We have no further questions for the Minister
and are content to clear the document from scrutiny.
24 OJ No. L 174 of 27.6.01, p.25. Back
25
Council Decision 1999/468/EC of 28 June 1999 laying down the procedures
for the exercise of implementing powers conferred on the Commission
OJ No. L 184 of 17.7.99, p.23. Under the 'management procedure'
the Commission may decide on measures against the opinion of the
management committee, but in such cases the Council must be informed.
The Council may then adopt different measures by a qualified majority. Back
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