Local view for "http://purl.org/linkedpolitics/eu/plenary/2005-07-05-Speech-2-291"
| Predicate | Value (sorted: default) |
|---|---|
| rdf:type | |
| dcterms:Date | |
| dcterms:Is Part Of | |
| dcterms:Language | |
| lpv:document identification number |
"en.20050705.30.2-291"2
|
| lpv:hasSubsequent | |
| lpv:speaker | |
| lpv:spoken text |
".
Mr President, I think this proposal is ground-breaking for Europe, ground-breaking for Parliament. We have had no previous coherent set of rules dealing with applicable law over such a vast arena of civil and commercial claims. We now have a potential roadmap for litigation and access to justice in the internal market, building on the structures of Brussels I in relation to the jurisdiction of our courts.
For Parliament, this is the first time we have acted as a co-legislator in such an area of private international law. I am proud that via our committee we have raised the policy debate in a number of areas where we might not have been expected to tread. Let me touch on some of those debates.
We have thought long and hard about the kind of general rule required, looking for the approach that can best deliver justice in our courts. It seems to be one, if I can put it this way, that gives a little subsidiarity to our judges. We start from the Commission’s clear rule but then give some room for manoeuvre, to deliver justice in the many and various situations that would doubtless arise in litigation. Here there is a clear message about the difficulty of characterising torts inherent in the method used by the Commission. Our approach avoids this difficulty, unless we can find good definitions. I would accept my Socialist colleague’s amendment on product liability on this basis. I think it is a good definition and rule and would add to the debate.
On road traffic accidents and personal injuries in general, we have sent a clear message about the injustice of applying the damages regime of the country of the accident. If I may illustrate this, I have a constituent who had an accident in Spain. He has been offered GBP 4000 according to Spanish law. It would be GBP 43 000 according to English law and it is in England that he has to live out his life. This problem has to be addressed, if not here, then by further Commission study and proposal.
On the use of foreign law, the success of Rome II will depend on good judicial cooperation, proper use and respect for one another’s laws. The record to date is patchy. Courts often avoid the application of foreign law. The court and parties should – or must – consider this issue, otherwise we are all wasting our time here. That is a matter that has to be closely monitored if we are to deliver a true area of civil and commercial justice.
On defamation, where Parliament was expected to be active, I was grateful for the opinion of my colleagues in the Committee on Civil Liberties, Justice and Home Affairs. I personally share their view but have always felt that we would have to go further to respect the media’s concerns about freedom of expression.
We now have a compromise which has wide support across the political groups and, more importantly, across publishing and the journalistic world. It is unclear whether it will work technically, but it gives the direction for new discussion in the Commission and the Council. It indicates what is acceptable in achieving a balance between freedom of expression and the rights of the victims of defamation.
Finally to our old friend: the country-of-origin principle. I shall say it again: it is not a choice of law rule; it will not give you the answer to the question as to which law should be applied to a dispute between two civil parties. If it gives you an answer, it will probably not be the one that the supporters of the principle want. It is an important principle of Community law in the field of public or state regulatory law and should be given full weight as such. I believe we have done that in the solution we have put forward in the committee’s report. I hope that will survive intact after amendments from either side.
I thank everyone in the Legal Affairs Committee and the LIBE Committee who have supported our work on this report and express my considerable gratitude to our secretariat on legal affairs who have helped us by carrying out extensive research and making efforts towards producing a report that I believe we can be proud of as a committee."@en1
|
| lpv:spokenAs | |
| lpv:unclassifiedMetadata |
Named graphs describing this resource:
The resource appears as object in 2 triples