Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-05-06-Speech-3-365"
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"en.20090506.39.3-365"2
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"Mr President, in the field of civil justice, apart from the acquis communautaire, there are a number of bilateral agreements which were concluded by Member States with third countries. Pursuant to Article 307 of the EC Treaty, Member States need to eliminate all provisions which may be present in agreements of this kind and which are incompatible with the acquis.
In its Opinion 1/03 of February 2006, the Court of Justice held that the Community has acquired exclusive competence to conclude international agreements with third countries on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. The question then arises as to whether all existing or proposed bilateral agreements with these countries and on these matters should be replaced by Community agreements. Or should Member States remain authorised to conclude these agreements where there is no Community interest involved?
This procedure, which is an exception to the rule, must, however, be subject to very specifically stated conditions relating to the scope of the mechanism and the time when it is in force. It is, therefore, important that the Commission establish a strategy and set priorities, bearing in mind the development of Community policy concerning external relations in the area of judicial cooperation on civil and commercial matters."@en1
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