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, Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits (5) should apply.
(11)
The purpose of the electronic register is to provide information with a view to assessing the performance of the Network and the practical application of Community instruments. Therefore it should not include all the information exchanged between contact points.
(12)
Professional associations representing legal practitioners, in particular lawyers, solicitors, barristers, notaries and bailiffs directly involved in the application of Community and international instruments concerning civil justice may become members of the Network through their national organisations in order to contribute, with the contact points, to some of the Network’s specific tasks and activities.
(13)
To further develop the Network’s functions regarding access to justice, the contact points in the Member States should contribute towards providing the public with general information, using the most appropriate technological facilities and at least by providing, on the website of the Member States’ ministries of justice, a link to the website of the Network and to the authorities responsible for the actual application of those instruments. This Decision should not be interpreted as imposing on the Member States an obligation to allow the public direct access to the contact points.
(14)
When implementing this Decision, account should be taken of the gradual introduction of the European e-justice system which is intended, in particular, to facilitate judicial cooperation and access to justice.
(15)
In order to improve mutual confidence between judges in the European Union and synergies between the European networks involved, the Network should maintain ongoing relations with the other European networks which share its objectives, in particular the networks of judicial institutions and judges.
(16)
To contribute to the promotion of international judicial cooperation, the Network should develop contacts with the other judicial cooperation networks in the world and with the international organisations which promote international judicial cooperation.
(17)
To allow regular monitoring of progress in achieving the objectives of Council Decision 2001/470/EC as amended by this Decision, the Commission should present reports to the European Parliament, the Council and the European Economic and Social Committee on the Network’s activities.
(18)
Council Decision 2001/470/EC should be amended accordingly.
(19)
Since the objective of this Decision cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Decision, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary to achieve that objective.
(20)
The United Kingdom and Ireland, in accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and to the Treaty establishing the European Community, have given notice of their wish to take part in the adoption and application of this Decision.
(21)
In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,
