Legal Affairs Committee Newsletter

September 2007

Law applicable to contractual obligations (ROME I) - Consideration of compromise amendments

The Commission has presented a proposal designed to communitise the Rome Convention on the law applicable to contractual obligations. In certain respects, however, the new proposal introduces innovations with respect to the Rome Convention. This is true in particular of the provisions on consumer contracts.

In the Council, moreover, changes are being introduced so as specifically to cover transport contracts and contracts of insurance.

At this week's JURI meeting, the rapporteur will present a series of new compromise amendments. The proposed compromise amendments have several aims. Firstly, they are intended to bring the regulation into line with Rome II as adopted recently. Secondly, they seek to introduce changes already accepted in the Council working group and hence aim at reaching an agreement with the Council. Thirdly, they propose solutions in areas where the Council has not yet been able to reach agreement. Fourthly, they are designed to facilitate e-commerce by positing solutions lying outside the area of private international law to difficulties which conflict-of-laws rules cannot resolve in themselves. Lastly, the amendments are intended to bring into the public domain, and hence make available for public debate in a democratic assembly, technical changes discussed so far only within the Council. The rapporteur is presenting them in order to foster debate within the Committee and negotiations with the Council.

The Role of the National Judge in the European Judicial System - Exchange of views

The national judge is traditionally seen as the first judge of European Law in the European judicial system. Community law must be given full effect by national courts. National courts apply Community law on a daily basis and must uphold Community law when it contravenes national laws. In that system the national judges are at the forefront of the application of Community law in the Member States.

In Union de Pequenos Agricultores (UPA - C-50/00), the European Court of Justice reiterated the view that the EC Treaty "has established a complete system of legal remedies and procedures designed to ensure judicial review of the legality of acts of the institutions", whilst stressing that where a direct action before the Community courts is not possible under the traditional rules then "it is for the Member States to ensure respect for the right to effective judicial protection".

National courts are required "in accordance with the principle of sincere cooperation laid down, in Article [10] of the Treaty… so far as possible, to interpret and apply national procedural rules governing the exercise of rights of action in a way that enables natural and legal persons to challenge before the courts the legality of any decision or other national measure relative to the application to them of a Community act of general application, by pleading the invalidity of such an act".

The procedure as provided for in Article 234 of the EC Treaty of reference of national cases to the ECJ for a preliminary ruling on the interpretation and on the validity of EC law is one of the most important expressions of the cooperation between national courts and the European Court of Justice.

The role of the national judge as a Community judge in the European judicial system is crucial for the development of the Community legal order. The functioning of Community law in practice depends largely on the capacity of the national judges to fulfill their role as Community judges. In this context the question of professional training for judges is very important.

CARS 21: A Competitive Automotive Regulatory Framework - Consideration of a draft opinion

The Communication provides the Commission's assessment and public policy response to the report presented by the CARS 21 Group. The proposals and initiatives contained in this Communication aim to improve the functioning of the internal market, simplify automotive legislation and pursue the internationalization of the automotive regulatory environment, promote environmentally sustainable road transport, enhance safety on European roads, contribute to a fair global operating environment for the European automotive industry and encourage increased research and development in areas of strategic interest. The annexes contain a list of directives to be proposed for self- and virtual testing and a list of directive to be proposed for replacement by UN/ECE regulations.

The draftsman generally supports the recommendations made y the Commission, and proposed an opinion addressing a number of legislative and legal issues relevant for the car industry, trade and use.

Monitoring the application of Community Law (2005) - 23rd Annual report - Exchange of views

In 2006 the Parliament voices its concern about the quality of Community law as well as its application by Member States. Parliament's Resolution on the Commission's 21st and 22nd Annual Reports on monitoring and application of Community law made a number of critical observations and substantive recommendations regarding the formal transposition and correct application of Community law, as well as on the way in which the Commission handles infringement procedures and citizens' complaints. The Commission has responded positively to part of the Resolution (also by introducing a separate chapter on infringements relating to petitions in its Annual Report for 2005), while certain disputed practices (including correspondence with member States) were said to be covered by confidentiality.

Having received the 23rd Annual Report form the Commission, the Parliament proceeded to analyse the development of monitoring mechanisms over 2005 and can reflect on Member States' compliance with Community law in different policy sectors. The Legal Affairs committee the rapporteur has concentrated on national parliaments' participation in this process and a special interparliamentary meeting was organized with experts and national judges to discuss these matters on 3rd May 2007.

Towards an EU Strategy on the Rights of the Child - Vote of a draft opinion

The Commission's Communication proposed to establish a comprehensive EU strategy to promote and safeguard the rights of the child in the EU's internal and external policies and to support Member States' efforts in this field. Not having a general competence in the area of fundamental rights, but in view of international conventions (European Convention of Human Rights, Un Convention on the Rights of the Child) as well as the EU Charter of Fundamental Rights, various instruments and methods (legislative action, soft-law, financial assistance, political dialogue) were said to be possible in order to safeguard and promote children's rights. An impact assessment was attached to the Communication (SEC(2006)0888), including the area of civil justice.

There will also be an exchange of views with Mr Alberta Costa, Portuguese Minister for Justice.