Regulation 2002/743 - General Community framework of activities to facilitate the implementation of judicial cooperation in civil matters - Main contents

official title

 

Legal instrument	Regulation
Number legal act	Regulation 2002/743
Original proposal	COM(2001)221
CELEX number i	32002R0743

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Council Regulation (EC) No 743/2002 of 25 April 2002 establishing a general Community framework of activities to facilitate the implementation of judicial cooperation in civil matters

Official Journal L 115 , 01/05/2002 P. 0001 - 0005

Council Regulation (EC) No 743/2002

of 25 April 2002

establishing a general Community framework of activities to facilitate the implementation of judicial cooperation in civil matters

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 61(c) and Article 67(1) thereof,

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the European Parliament(2),

Having regard to the opinion of the Economic and Social Committee(3),

Whereas:

• (1) 

  The European Union has set itself the objective of maintaining and developing an area of freedom, security and justice, in which the free movement of persons is assured. To that end, the Community must adopt, among others, measures in the field of judicial cooperation in civil matters necessary for the proper functioning of the internal market.

• (2) 

  On 3 December 1998, the Council adopted an action plan of the Council and the Commission on how best to implement the provisions of the Treaty of Amsterdam on an area of freedom, security and justice (hereinafter the "Vienna action plan")(4).

• (3) 

  The European Council meeting in Tampere on 15 and 16 October 1999 adopted the conclusions entitled "Towards a union of freedom, security and justice: the Tampere milestones".

• (4) 

  On 30 November 2000, the Council adopted a joint programme of the Commission and the Council of measures for implementation of the principle of mutual recognition of decisions in civil and commercial matters(5).

• (5) 

  Joint Action 96/636/JHA(6) established, for the period 1996 to 2000, a programme of incentives and exchanges for legal practitioners (Grotius).

• (6) 

  By Regulation (EC) No 290/2001(7), the programme of incentives and exchanges for legal practitioners in the area of civil law (Grotius civil) was extended for a one-year transition period only, pending the outcome of a thorough analysis of how Community actions and support should be focused in the future.

• (7) 

  Decision No 1496/98/EC of the European Parliament and of the Council(8) established an action programme to improve awareness of Community law within the legal professions (Robert Schuman project) for a period of three years.

• (8) 

  A flexible and effective general Community framework for activities in the area of civil law is necessary if the ambitious objectives set by the Treaty, the Vienna action plan and the Tampere conclusions are to be realised.

• (9) 

  The general Community framework for activities should provide for initiatives taken by the Commission, in compliance with the principle of subsidiarity, for actions in support of organisations promoting and facilitating judicial cooperation in civil matters, and for actions in support of specific projects.

• (10) 

  A number of actions will be required for the further development of judicial cooperation in civil matters and should therefore be undertaken in the framework of a Community programme for activities. The planning and implementation of those actions will benefit from being grouped together in a general Community framework for activities.

• (11) 

  The Commission's actions could include specific actions, such as studies, research, seminars, conferences, experts' meetings, publications, manuals, databases and/or websites, as well as measures to disseminate the results of projects co-financed under the general Community framework for activities.

• (12) 

  A general Community framework for activities to improve mutual understanding of the legal and judicial systems...

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