Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-09-06-Speech-3-387"
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"en.20060906.25.3-387"2
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"Mr President, after Commissioner Frattini’s speech, I have the impression that we have achieved the objective that we had set ourselves with this exercise, despite it being so late.
In short, the Commissioner has told us that this possibility for Parliament to participate in the procedure for adopting agreements within the Hague Conference is laid down in the institutional framework agreement and that the European Parliament could therefore formally take part in these negotiations. In particular, he has indicated that it is possible for Members of the European Parliament to be included in the formal delegation. I believe that we must begin by acknowledging the generosity of the Commissioner’s words, since there is no legal obligation.
Furthermore, I would like to express my agreement with what previous speakers have said, that judicial cooperation in civil matters is now a European Union competence, pursuant to the Treaty of Amsterdam, and that, furthermore, we have the Hague Programme for implementing that cooperation. This field is not therefore peripheral to the very essence of the European Union, but rather it is central to it. That means that the three institutions will have to work on this issue, and cooperation is therefore highly appropriate.
In the motion for a resolution presented by Mr Gargani, on behalf of the Committee on Legal Affairs, there is another very interesting proposal, and that is that it is not just a matter of the European Parliament cooperating with the Commission in the negotiations at the Hague Conference, but also of setting up a kind of parliamentary forum – a job that this Parliament could do – which would bring us together with members of national parliaments. European Union law in the private field is still largely national law and therefore the creation of that parliamentary forum would enable us to harmonise positions.
The great problem with private international law, as we all know, and with private law in general, is that it involves national laws that come from differing traditions. At a time when we are thinking about harmonising, codifying and unifying private law, however, the creation of that parliamentary forum, perhaps with this specific aim for now, would be a good way to begin to send out the message that the European institutions are not disconnected from national legal traditions.
Those of us who have worked in this field have seen the enormous difficulties hindering any progress in the field of private law, given the differences between national traditions, but this proposal, which is aimed more at Parliament than at the Commission, would be very positive, because it would enable us to harmonise positions with the national parliaments and take those harmonised positions to the Conference, through our participation in it."@en1
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