Local view for "http://purl.org/linkedpolitics/eu/plenary/2001-11-13-Speech-2-057"
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"en.20011113.4.2-057"2
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". – Mr President, I welcome this opportunity to congratulate Parliament and especially the Committee on Legal Affairs and its rapporteur, Mr Lehne, on its timely report on the approximation of the civil and commercial laws of the Member States.
This is an ambitious project but it is a feasible project. When I worked on contracts where arbitration was needed or on dispute had to be resolved, the "applicable law" was
. – What is that? Those who have to enter into contracts with a term like that will feel perfectly comfortable with something a bit more rigid and rigorous, which is what all of us in this House are aiming at. My colleagues and I are therefore looking forward to constructive dialogue with Parliament and the other EC institutions in the future.
Given the forthcoming European Council in December in Laeken, for which this report will be of relevance, I am particularly pleased that the European Parliament is discussing this report here today. The European Council will therefore have at its disposal not only the Commission's communication and the Council's report, but also the report by the European Parliament, which handles this important issue in the necessary depth.
The Commission also very much welcomes the report as Parliament's response to the Commission's consultation process, launched by the communication on European contract law. It is absolutely essential that the Commission should get as much feedback and input as possible from the other EC institutions so that it can establish its future approach in the area of contract law.
One fundamental question confronts the Commission, as well as Parliament and the Council as the two branches of the European legislature. Should we continue with the existing piecemeal approach of harmonising European contract law in a very sector-specific way, as has been done for the past 20 years, or should we adopt a new approach? It is obvious that if the existing approach corresponds to the needs of the European Union then we should continue it. If, however, there are problems despite, or possibly even because of, the existing approach, then we should be brave enough to change it.
It was in order to get a reply to this fundamental question that the Commission adopted its communication on European contract law. The choice of our future approach is highly important for the smooth functioning of the internal market and the participation of consumers, small- and medium-sized enterprises and all other economic operators, as well as for the uniform application of Community law.
We have already received a large number of constructive comments and reactions which confirm that the Commission's initiative is of great interest to all stakeholders. Of course not all the reactions point in the same direction, but this is inevitable with such a complex subject where so many issues are raised and different options need to be considered. The reactions will be examined in depth by the Commission. Obviously the Commission will attach great importance to Parliament's response to our communication which, once you have adopted it, will be very carefully analysed. The Commission will decide what suggestions it will make in the light of the reports from Parliament and the Council, the possible reaction from the European Council and the responses to our consultation process.
I understand that the Council may ask the Commission to report to the Community institutions and the public on the consultation process, together with any observations and recommendations if necessary in the form of a Green or White Paper, not later than 31 December 2002. The European Parliament's proposal for an action plan is particularly relevant in this context. The Commission has taken due note of the ambitious deadlines for specific steps to be taken.
In conclusion, I would like to express the Commission's thanks for the careful analysis that has gone into this report. If there are problems for the internal market and the uniform application of Community law which need to be tackled, it is obvious that whatever line we take this will be a longer term project of considerable importance. So, this is certainly not the last time that we will debate questions of European contract law in this House.
I submitted the Commission communication to the college, together with my colleagues Mr Vitorino, Mr Bolkestein and Mr Liikanen. At the last Council meeting on the internal market and consumer affairs, I emphasised my strong personal interest in this matter, not only because I am convinced of its value but also because of my own professional background as a practising barrister and as international commercial arbitrator. For those who have expressed concern about the survival of the common law system: that is the system that I have worked in myself for 27 years and I have some attachment to it. Perhaps with that background it will be able to make sure that these issues and sensitivities are taken fully into account."@en1
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