Decision 2009/568 - Decision 568/2009/EC amending Council Decision 2001/470/EC establishing a European Judicial Network in civil and commercial matters - Main contents
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official title
Decision No 568/2009/EC of the European Parliament and of the Council of 18 June 2009 amending Council Decision 2001/470/EC establishing a European Judicial Network in civil and commercial matters| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2009/568 |
| Original proposal | COM(2008)380  |
| CELEX number i | 32009D0568 |
| Document | 18-06-2009 |
|---|---|
| Publication in Official Journal | 30-06-2009; OJ L 168, 30.6.2009,Special edition in Croatian: Chapter 19 Volume 009 |
| Effect | 01-01-1001; Partial application Date notif. See Art 2 01-07-2009; Entry into force Date pub. + 1 See Art 2 01-01-2011; Application See Art 2 |
| End of validity | 31-12-9999 |
30.6.2009 |
EN |
Official Journal of the European Union |
L 168/35 |
DECISION No 568/2009/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 18 June 2009
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 Articles 61(c) and (d) and 66 and the second indent of Article 67(5) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1) |
The European Judicial Network in civil and commercial matters between the Member States (the Network) was established by Council Decision 2001/470/EC (3) because it was considered that the establishment of an area of freedom, security and justice entailed the need to improve, simplify and expedite effective judicial cooperation between Member States, as well as effective access to justice, for persons engaging in cross-border litigation. The date of application of that Decision was 1 December 2002. |
(2) |
The Hague Programme on strengthening freedom, security and justice in the European Union, adopted by the European Council on 4 and 5 November 2004 (4), calls for further efforts to be made to facilitate 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 establishing best practice. |
(3) |
In accordance with Article 19 of Decision 2001/470/EC, the Commission presented on 16 May 2006 a report on the operation of the Network. The report concluded that, although the Network had generally met the objectives set in 2001, it was still a long way from having developed its full potential. |
(4) |
In order to achieve the objectives of the Hague Programme as regards improving judicial cooperation and access to justice and to take on the expected increase in the Network’s tasks in the years ahead, the Network should have a legal framework better suited to increasing its means of action. |
(5) |
It is essential to achieve better operating conditions for the Network in the Member States through national contact points and thus to reinforce the role of the contact points both within the Network and in relation to judges and to the legal professions. |
(6) |
To this end, the Member States should assess the resources which they need to make available to the contact points so that they can fully carry out their duties. The internal distribution of competences in the Member States concerning the financing of the activities of the national members of the Network should not be affected by this Decision. |
(7) |
To the same end, there needs to be a contact point or points in each Member State capable of performing the functions assigned to them. If there is more than one contact point, the Member State should ensure effective coordination between them. |
(8) |
In future, where the law of another Member State is designated under a Community or an international instrument, the Network’s contact points should take part in informing the judicial and extra-judicial authorities in the Member States of the content of that foreign law. |
(9) |
Contact points should process requests for judicial cooperation fast enough to be compatible with the Decision’s general objectives. |
(10) |
For the purposes of calculating time limits as provided for in this Decision,... |
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