Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-09-05-Speech-2-369"

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"en.20060905.28.2-369"2
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"Mr President, ladies and gentlemen, European contract law is certainly such as to favour regulation of the internal market. A legal construction of this kind must, however, be prepared through a transparent and democratic process. The advantages that economic agents are expected to gain in terms of legal certainty and a reduction in the cost of transactions very much depends on the clarity, predictability and stability of the rules. European contract law must be based on the demands of the economic world and on an assessment of its needs. It must do away with those instances in the where there is a lack of coherence when it comes, for example, to consumer rights regarding retraction periods or information provided to the consumer. The draft texts being prepared are, it seems, ambiguous and too detailed and do not really fall in with these objectives. Rather than embark on the utopian road of preparing, at present, a European civil code – a legal 26th regime - would it not be more realistic to prepare model contracts or sector-specific rules? That being the case, the responses to the issues raised by this oral question must permit greater familiarity with the content of the common reference code. Selection of the legal base for an instrument dedicated to contract law must proceed from a political choice regarding the objectives concerned, rather than precede such a choice. It is therefore vital that the Commission clarify the objectives of the work funded since 2003 by the European budget and place the European Parliament in a position to give an opinion on practical proposals. It would be unthinkable to give companies the ability to apply European contract law, as devised by a working party, in place of directives and national rights without Parliament and the Council having approved its content on the basis of a very thorough legal and economic impact assessment."@en1
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