Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-03-22-Speech-3-252"

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"en.20060322.18.3-252"2
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". Mr President, ladies and gentlemen, as the Commissioner said just now, in September 2005 the Commission submitted a first annual report on the state of progress of European contractual law and the review of the Community . One of the measures envisaged, as the rapporteur pointed out, is the creation of a common frame of reference for Community contractual law. The Commission believes that the scope of the common frame of reference can include the possibility for national legislatures to use it even in sectors not governed by Community law. The in force, which mainly relates to consumer protection, should be improved and a set of common principles should be added to it representing a certain but flexible reference point for citizens and legal practitioners. Mr Lehne, the rapporteur, who performed valuable and important work in committee, and who this evening has given us his comments on a provision of historical importance, has tried in his report to delineate a strategic perspective for future activity by the Commission, naturally involving the European Parliament, and strongly calling for its involvement. I would like to say, in order to underline the work that the rapporteur has done, as chairman of the Committee on Legal Affairs, that a major process of harmonisation and in fact of codification has been begun for sectors of European contractual law. This is an historic event, even over and above the results that may be obtained, because until now Community harmonisation had been done with a scope either more restricted or more extensive than the relevant directives: the consumer contract, to which the directives on the application of electronic and computer technologies were added. From now on, the tasks are no longer restricted to the coordination of the law in force, but will be projected into the future, towards uniform definitions of terms set out in the directives, the identification of common principles relating to contracts which will be able to reduce the marked differences. This is a process of regulation and knowledge which will be able to go beyond the law in force in order to form a modern code: there was even an idea that we might achieve a uniform code of contractual law, formulated through principles. We would start by examining directives that contradict the implementing provisions of the Member States and would define a sort of common base of Community contractual law. I will finish by saying that the process of convergence of private law and in particular European contract law is a reality, driven both by Community law and by the development of comparative analysis studies. I support the primary role of civil law: civil law and contractual law are there to strengthen European citizenship and economic and civil exchanges in Europe."@en1
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