Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-09-27-Speech-3-038"
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"en.20060927.3.3-038"2
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"Mr President, here we are again. Mr Schulz was quite right. I dusted my 1999 speech down, Mr Schulz left the Chamber after his speech, various other things remain just the same as they were seven years ago. There is a lot of grey hair in this Chamber – not on me, of course.
It is true that we have the same issues and I myself believe in pragmatic inactivity as being something we should not always be concerned about. In this particular area, at a time of great terrorist threat – and there were terrorist threats in 1999 as well – there is a very uncertain message being sent out that the Presidency and the Commission and, regrettably, too many of those sitting in this House then and now seem to think that the most pressing need is to bring in the
under Article 42.
I have always had reservations about imposing a single model of justice on countries where there are different legal systems evolving in different ways. In the case of the UK, our system of civil law is the greatest legacy of the great Angevin king Henry II, which developed with great success for over 800 years. Equally, we have not experienced the Napoleonic Code imposed throughout much of Europe 200 years ago. Even though we cannot apply that system, we have never wished to stop others doing so where it is appropriate.
Even on its own terms, the move to harmonisation is flawed. The ruling in the Cassis de Dijon case was one of the key moments in the development of the internal market, giving precedence to the principle of mutual recognition over blanket harmonisation.
The Council is due to present its mid-term review of The Hague Programme at the end of the year. As Piet Hein Donner, the midwife of the programme, has said, the first principle is the implementation of mutual recognition as the fundament for judicial cooperation. The programme is founded on the assumption of cooperation. Cooperation should determine the dynamics and development of European collaboration. I believe that is a practical and sensible approach, one which is showing signs of success and I urge the Presidency and the Commission to proceed on those lines."@en1
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