Legal provisions of COM(2008)380 - Amendment of Council Decision 2001/470/EC establishing a European Judicial Network in civil and commercial matters - Main contents
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dossier | COM(2008)380 - Amendment of Council Decision 2001/470/EC establishing a European Judicial Network in civil and commercial matters. |
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document | COM(2008)380 |
date | June 18, 2009 |
Contents
Article 1
1. | Article 2 shall be amended as follows:
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2. | Article 3 shall be amended as follows:
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3. | Article 5, paragraph 2 shall be replaced by the following: ‘2. In particular, the contact points shall:
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4. | the following Article shall be inserted: ‘Article 5a Professional associations 1. In order to contribute to the accomplishment of the tasks provided for by Article 3, the contact points shall have appropriate contacts with the professional associations mentioned in Article 2(1)(e), in accordance with rules to be determined by each Member State. 2. In particular, the contacts referred to in paragraph 1 may include the following activities:
3. Professional associations shall not request information relating to individual cases from contact points.’; |
5. | in Article 6, paragraph 2, the following subparagraph shall be added: ‘To this end, each Member State shall ensure, in accordance with the procedures to be determined by it, that the contact point(s) and competent authorities have the means to meet on a regular basis.’; |
6. | Article 7, paragraph 1, shall be replaced by the following: ‘To facilitate the practical operation of the Network, each Member State shall ensure that the contact points have adequate knowledge of an official language of the institutions of the Union other than their own, given that they need to be able to communicate with the contact points in other Member States.’; |
7. | Article 8 shall be replaced by the following: ‘Article 8 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 fifteen days of receipt thereof. If a contact point cannot reply to a request within that time limit, it shall inform the maker of the request briefly of this fact, indicating how much time it considers that it will need to reply, but this period shall not, as a rule, exceed thirty days. 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)(b), (c), (d) and (e). The contact points shall ensure that the information necessary for the establishment and operation of this register is supplied regularly to the Commission. 4. The Commission shall supply the contact points with information on the statistics relating to the judicial cooperation requests and replies referred to in paragraph 3 at least once every six months.’; |
8. | Article 9 shall be replaced by the following: ‘Article 9 Meetings of the contact points 1. The contact points of the Network shall meet at least once every six months, in accordance with Article 12. 2. Each Member State shall be represented at those meetings by one or more contact points, who may be accompanied by other members of the Network, but there shall be no more than six representatives per Member State.’; |
9. | the following Article shall be inserted: ‘Article 11a Participation of observers in Network meetings 1. Without prejudice to Article 1(2), Denmark may be represented at the meetings referred to in Articles 9 and 11. 2. Accession countries and candidate countries may be invited to attend these meetings as observers. Third countries that are party to international agreements on judicial cooperation in civil and commercial matters concluded by the Community may also be invited to attend certain Network meetings as observers. 3. Each observer State may be represented at the meetings by one or more persons, but under no circumstances may there be more than three representatives per State.’; |
10. | the following Article shall be inserted at the end of Title II: ‘Article 12a Relations with other networks and international organisations 1. The Network shall maintain relations and share experience and best practice with the other European networks that share its objectives, such as the European Judicial Network in criminal matters. The Network shall also maintain relations with the European Judicial Training Network with a view to promoting, where appropriate and without prejudice to national practices, training sessions on judicial cooperation in civil and commercial matters for the benefit of the local judicial authorities of the Member States. 2. The Network shall maintain relations with the European Consumer Centres Network (ECC-Net). In particular, in order to supply any general information on the working of Community and international instruments to facilitate consumer access to justice, the contact points of the Network shall be at the disposal of the members of ECC-Net. 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. 4. The Commission, in close cooperation with the Presidency of the Council and the Member States, shall be responsible for implementing the provisions of this Article.’; |
11. | the heading of Title III shall be replaced by the following: |
12. | in Article 13, paragraph 1, the following point shall be added:
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13. | the following Article shall be inserted: ‘Article 13a Provision of general information to the public The Network shall contribute towards providing the public with general information, using the most appropriate technological facilities to inform it about the content and working of Community or international instruments on judicial cooperation in civil and commercial matters. To that end, and without prejudice to the provisions of Article 18, the contact points shall promote to the public the information system referred to in Article 14.’; |
14. | in Article 17(4), point (b) shall be replaced by the following:
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15. | in Article 18, point 4, the word ‘progressively’ shall be deleted; |
16. | Article 19 shall be replaced by the following: ‘Article 19 Reporting No later than 1 January 2014, and every three years thereafter, the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a report on the activities of the Network. This report shall be accompanied, if appropriate, by proposals aimed at adapting this Decision and shall include information on the Network’s activities aimed at making progress with the design, development and implementation of European e-justice, particularly from the point of view of facilitating access to justice.’; |
17. | Article 20 shall be replaced by the following: ‘Article 20 Notification No later than 1 July 2010, the Member States shall notify the Commission of the information referred to in Article 2(5).’. |
Article 2 - Entry into force
It shall apply from 1 January 2011, except for points (1)(e) and (17) of Article 1, which shall apply from the date of notification of this 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.