Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-12-10-Speech-1-172"
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"en.20071210.21.1-172"2
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"Mr President, the fact that we are here, at this late hour, discussing the common frame of reference, is an indication that at least those of us who are here have a strong interest in this issue, and the Commissioner herself has indicated the interest that she and other Commissioners have in the matter.
I think, as we all do, that the procedure being adopted by the Commission is the correct one. Before launching into a codification project, it is important that we understand its elements from an academic point of view, and we think that the initiative is a magnificent one: not just launching into legislative proposals without having considered them first. I think that the result could be quite good.
With regard to the second phase, however, with which we are concerned, as some MEPs are working on or taking part in the parliamentary group that is monitoring the common frame of reference, what we are finding is that apparently so much material has now been accumulated that selection seems to be difficult. My fellow Member, Mr Lehne, referred to the temporary framework; in other words, although the codification project is a long-term project, it is nevertheless helpful for us to at least start to look at the guidelines for the project.
The idea of a framework directive on this issue seems to be a good starting point. In any case, it is clear that what we have done in recent years towards harmonisation through procedures, legislation and the recognition and enforcement of sentences is useful, but does have huge limitations.
European law in general and contractual law in particular can only be developed by establishing certain principles. I think that Parliament as an institution could be a magnificent instrument for the Commission to use, because the different legal systems and different national legislations are represented here, and it could be an excellent framework of reference in order to see the extent to which the harmonising proposals are ultimately going to clash with the national legal systems.
The harmonisation of the European Union is quite difficult for reasons that we are all aware of, but the correct procedure is the one undertaken by the Commission, with this initial academic phase and a second legislative phase.
What we are saying to the Commission at the moment is that, in Parliament, we feel a certain amount of time pressure, because European integration is already happening: European citizens are facing practical problems every day that can only be resolved through legal harmonisation. These practical problems were considered by the Commissioner herself when she presented her proposals for the harmonisation of contractual law on consumer protection, which is just one of the aspects, but quite an important one, because, in short, in the European Union we are all consumers and to some extent it is an excellent principle for taking action.
I do not think that it is a question of creating a common frame of reference that is purely theoretical. As far as possible, specifics are the most useful thing. My fellow Member Mr Lehne referred to establishing some type of optional document. The model would be something like the United States Uniform Commercial Code, which has been described as the least uniform code of all, giving the least possibility of unification. This is a possibility, but perhaps the most important thing may be to see which principles can be recognised by all the legal systems, and we will really only have this information once we have studied and taken into account what the academics give us.
Therefore, Commissioner, I think that Parliament will be a good collaborator in the subsequent development of this legislation and here we already have a degree of impatience to get to work, so that, in the year and a half that remains of the legislature, we can contribute positively to the development of this legislation."@en1
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