Amended proposal for a European Parliament and Council Decision establishing an action programme to improve awareness of Community law for the legal professions (Robert SCHUMAN Project)
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 07. 11. 1997 COM(97) 596 final 96/0277 (COD) Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DECISION establishing an action programme to improve awareness of Community law for the legal professions (Robert Schuman Project) (presented by the Commission pursuant to Article 189 a (2) of the EC Treaty) EXPLANATORY MEMORANDUM On 24 October 1997 the European Parliament delivered its opinion at first reading under the codecision procedure on the proposal for a Decision establishing an action programme to improve awareness of Community law for the legal professions (Robert Schuman Project). The Commission has accepted all the amendments, with an adjustment to the wording of Amendment 19. The amendments reflect Parliament's concern to increase the importance of the proposal with regard to the application of Community law and to specify the professions and institutions to benefit from the Project. Amendment 19, concerning Article 6(2), contains a relaxation of the obligation to ensure continuity. This amendment, while acceptable in substance, requires further definition of application criteria. Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DECISION establishing an action programme to improve awareness of Community law for the legal professions (Robert Schuman Project) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof, Having regard to the proposal from the Commission1, Having regard to the opinion of the Economic and Social Committee2, Acting in compliance with the procedure laid down by Article 189b of the Treaty3, ORIGINAL PROPOSAL AMENDED PROPOSAL (unchanged unless mentioned below) (1) Whereas Declaration (No 19) on the implementation of Community law annexed to the Final Act of the Treaty on European Union and adopted by the Conference of Representatives of the Governments of the Member States on 7 February 1992 stresses that it is essential for the proper functioning of the Community that the measures taken by the different Member States should result in Community law being applied with the same effectiveness and rigour as in the application of their national law; (2) Whereas the completion of the internal a considerable i—•:'•. : has legislative effort involving, inter alia, the required OJNoC378, 13. 12. 1996 OJ No C 206, 7. 7. 1997 Opinion of the European Parliament of 24 October 1997, OJ n° C, Common position of the Council of. , Decision of the European Parliament of approximation of national laws with a view to creating an area without frontiers; (3) Whereas the effective and uniform application of the Community rules in question represents a new priority which is essential to the smooth functioning of the internal market; (4) Whereas those Community rules on the freedoms of the internal market which are directly applicable may be invoked before any national court in accordance with the procedures defined by national law; whereas citizens, consumers and enterprises should be able to rely on the proper application of Community law and to the rights and guarantees benefit from available in each Member State; whereas legal certainty and the credibility of the internal market are at stake as is, more generally, citizens' confidence in European integration; (5) Whereas citizens, consumers and enterprises will be unable to enforce all their rights under the Community legal system before any national court within the Union unless those members of the legal professions most directly in implementing Community law, i. e. judges and lawyers, are sufficiently informed and trained to do so; involved (3 a) Having regard to the fundamental role of the effective and uniform application of Community law in the administration of justice (understood in its broad sense), given that the body of case-law, which is built up on the basis of each legal ruling, is, in the final analysis, a source of law itself; (5) Whereas citizens, consumers and enterprises will be unable to enforce all their rights under the Community legal system before any national court within the Union legal unless professions most directly involved in the administration of judges, prosecutors and lawyers are sufficiently informed and trained to do so; those members of justice, the i. e. to the Whereas the Council Commission (6) communication of 22 December 1993 "Making the most of the internal market: strategic programme"4 emphasises the importance, to persons subject to legal proceedings and to the smooth functioning of the internal market, of national courts being in a position to resolve a larger proportion of cases concerning the conformity of rules or behaviour with Community law and, to that end, the need to improve awareness of Community law within the legal profession; to the the Whereas importance, the Council Commission (6) communication of 22 December 1993 "Making the most of the internal market: strategic programme"4 to persons emphasises subject to legal proceedings and to the smooth functioning of the internal market, of national courts being in a position to resolve a larger proportion of cases concerning the conformity of rules or behaviour with Community law and, to that end, the need to improve the awareness of Community legal professionals involved in the administration of justice; in law,5 Parliament its Resolution of (7) Whereas, 13 February 1996 on the Commission's Twelfth Annual Report on monitoring the the application of Community European the Commission to put forward a programme for the purposes of training and informing the field of the Community law with a view to making the application of Community law by national courts more uniform and effective; legal professions asked in awareness (8) Whereas of raising Community law among judges and lawyers in the Member States is likely to improve the Cupertino between the national courts and the Court of Justice that is an inherent part of the Community legal system; awareness (8) Whereas of raising Community law among those involved in the activities of the courts of the Member States is likely to improve the Cupertino between the national courts and the Court of Justice that is an inherent part of the Community legal system; (9) Whereas, in compliance with the principle of subsidiarity and by virtue of Article 127 of the Treaty, it is not for the European Community to assume the role of the the Member States organisation or content of training for jvù^~s and lawyers; in determining (10) Whereas it is within the European (10) Whereas it is within the European COM(93) 632. OJ No C 65, 4. 3. 1996, p. 37. Community's remit to propose establishing support arrangements designed to help Member States to remedy a lack of training and information wherever this may affect the correct application of Community law necessary for the smooth functioning of the internal market; Community's remit to propose establishing support arrangements designed to help Member States to remedy a lack of training and information where this directly affects the correct application of Community law necessary for the smooth functioning of the internal market; the activities of (10a) Whereas the to have a direct professionals referred impact on the application of Community law as a result of the part played by each one of them in the proceedings under the procedural laws, since they contribute, through each ruling handed down, to the creation of the body of case- law; from checks on into national (11) Whereas the objective of making legal practitioners more aware of Community law must form part of overall arrangements the correct which, transposai legislation of Community law to the penalties applicable in the event of this law being breached, are the effective and designed uniform application of internal market rules; to ensure requirements (12) Whereas achieving this objective entails using specific resources adapted to the and constraints of professional practice; whereas the creation of a specific instrument whose objective is to raise awareness of Community law among judges and lawyers in the European Union complements, for a target public, existing Community programmes and initiatives, (11) Whereas the objective of making legal professionals involved in the administration of justice, i. e. judges, prosecutors and lawyers, more aware of Community law must form part of overall arrangements the correct which, checks on legislation of transposai Community law to the penalties applicable in the event of this law being breached, are designed to ensure the effective and uniform application of internal market rules; into national from and requirements (12) Whereas achieving this objective entails using specific resources adapted to the constraints of professional practice; whereas the creation of a specific instrument whose objective is law to raise awareness of Community among legal professionals involved in the administration of judges prosecutors and lawyers in the European Union complements, for a target public, existing Community programmes and initiatives, justice, i. e. HAVE DECIDED AS FOLLOWS: Article 1 Creation of the Robert Schuman Project 1. This Decision sets up the programme known as the "Robert Schuman Project" for to from the period 31 December 1999. 1 January 1997 2. By means of this financial support instrument the European Union shall encourage and support initiatives designed to raise awareness of Community law among judges and lawyers within the Member States of the Union. Article 2 Objectives of the Robert Schuman Project 1. The Robert Schuman Project shall: :_LL to 1. This Decision sets up the programme known as the "Robert Schuman Project" for the period. The project is. intended to contribute to the effective and uniform application of Community law with a view to improving the functioning of the internal market. the European Union 2. By means of this financial support instrument shall encourage and support initiatives designed to raise awareness of Community law among legal professionals involved in the judges administration of prosecutors and lawyers, within the Member States of the Union. justice, i. e. the (a) encourage launch of practical training initiatives in Community law in the Member States continuing (initial training) by bodies responsible for training judges and lawyers or future judges and lawyers; or the (a) encourage launch of practical training initiatives in Community law in the Member States continuing (initial training) by bodies responsible for training the legal professionals administration of judges prosecutors and lawyers, or those training for this; involved justice, i. e. or in (b) encourage the development, in the Member States, of information resources (traditional or based on new communication and information technology) in Community law forjudges and lawyers; (b) encourage the development, in the Member States, of information resources (traditional or based on new communication and information technology) in Community law for legal professionals involved in the administration of judges prosecutors and lawyers; justice, i. e. (c) support initiatives likely to facilitate implementation of the above two forms of support, complement them or enhance their impact. 2. The Robert Schuman Project shall training and support and complement information work on Community law undertaken by the Member States while not their responsibility for encroaching on defining course content and organising vocational train Article 3 Instrument of Community intervention The Robert Schuman Project 1. is designed to provide financial support to initiatives launched in the Member States with a view to achieving the objectives referred to in Article 2. 2. Each of those objectives corresponds to a specific sub-part of the Robert Schuman project: "information" "accompanying initiatives ". "training", Article 4 Eligibility institutions responsible 1. The the Member States - at local, regional or Member States - at local, regional or national level - or at Community level for: national level - or at Community level for: institutions responsible the 1. The in in - continuing vocational training of judges or lawyers Or - initial vocational training of future judges or lawyers shall be considered eligible for financial support under the Robert Schuman Project. - continuing vocational training of legal professionals involved in the administration of justice, i. e. judges prosecutors and lawyers Or - initial vocational training of those training to take part in the administration of justice, shall be considered eligible for financial support under the Robert Schuman Project as established under Article 1(1). 2. The institutions concerned are: and equivalent associations the Ministries of Justice, Judicial (a) the courts; (b) bar professional bodies; (c) Service Commission or equivalent bodies; (d) approved professional schools or educational institutes responsible for the initial or continuing training of judges or lawyers; (e) universities providing continuing training of judges or lawyers. initial or Article 5 Project selection criteria (d) approved professional schools or educational institutes responsible for the initial or continuing legal professionals involved in the administration of justice, i. e. judges prosecutors or lawyers; (e) universities. training of 1. Eligible institutions shall apply for financial support under the Robert Schuman Project training, submitting information or accompanying project to the competent Commission departments. by a 2. Projects shall be selected, and financial support awarded, on the basis of the following criteria: (a) Practical use The measures envisaged shall enable the target groups to acquire knowledge adapted to, and the in, immediately useful day-to-day practice of their profession. (b) Accessibility (b) Accessibility shall raise The measures envisaged awareness among the greatest possible number of judges and lawyers and, in particular, shall benefit those who have not yet become acquainted with Community law. shall raise The measures envisaged awareness among the greatest possible number of legal professionals involved in in the administration of justice and, particular, shall benefit those who have not yet become acquainted with Community law. (c) Adjustment professional practice to comtrwnis of The way in which the measures envisaged are implemented shall reflect the needs of professional practice (particularly in terms of planning and geographical proximity). (d) Cost-effectiveness Project, When assessing projects submitted under the Schuman the Robert Commission shall work on the basis of the the relevant principles financial regulations, the principles of sound financial management, economy and cost-effectiveness. laid down by in particular Costs entailed by the measures envisaged shall be consistent with their objectives. Cost-effectiveness may be improved by partnerships several eligible involving institutions which pool their resources. 3. Complementary optional criteria: The following optional assessment criteria shall also be taken into account: inter-professional dimension of (a) of (a) measures (targeted on or involving both measures both targeted on and involving judges and lawyers); inter-professional dimension those concerned; (b) cross-border dimension of measures (targeted on or involving nationals of more than one EU Member State). Article 6 Support arrangements 1. Financial support under the Robert Schuman Project, which is designed to encourage, complement and support the work of the institutions referred to in Article 3 above, shall be provided in addition to local or national funds and shall Financial be used to realise projects. support thus awarded may not, therefore, entail the realisation of direct or indirect profits. 10 2. So as to ensure continuity, recipients of Robert Schuman Project grants shall undertake to continue their work without support from the Commission as from the date on which grants cease, for a period equivalent to that for which they were given. Recipients undertake to repay all amounts disbursed if they fail to meet this obligation. 3. Financial support under the Robert Schuman Project shall be awarded for one or two years. 2. Financial support under the Robert Schuman Project shall be awarded for one or two years. 3. So as to ensure continuity, recipients of Robert Schuman Project grants shall undertake to continue their work without support from the Commission as from the date on which grants cease, for a period equivalent to that for which they were given. from Exceptionally a derogation that obligation may be granted if the nature of a project prevents its continuation or if the recipient is confronted by circumstances that prevent from being the project continued. Recipients undertake to repay all amounts disbursed if they fail to meet this obligation. 4. Financial support provided under the Robert Schuman Project shall be awarded in accordance with Commission's rules governing grants. Compliance with these rules shall be monitored by the Commission and the Court of Auditors. shall be 4a. The financial support accorded by the the EU budget appropriations the by keeping with the budgetary authority in financial perspectives. accorded linked to 11 Article 7 Implementation 1. The Commission shall determine the arrangements this programme. implementing for 2. A call for expressions of interest shall be published each year in the Official Journal of the European Communities to inform potential applicants of the Robert Schuman Project's conditions and governing the award of grants. objectives Article 8 Cohesion of Community action the Member States, 1. The Commission shall be responsible, together with for ensuring overall cohesion between this programme and other Community training or information initiatives. the Member States, 1. The Commission shall be responsible, together with for ensuring overall cohesion and budgetary complementarity between this programme and or information initiatives. other Community training 2. The Robert Schuman Project shall complement action carried out under other Community programmes, in particular the Leonardo da Vinci programme for the implementation of a European Community vocational training policy, the Jean Monnet Project to promote teaching on European level, or the integration at university Grotius programme of incentives and legal practitioners (joint exchanges for action adopted on the basis of Article K. 3 of the Treaty on European Union). 2. The Robert Schuman Project shall complement action carried out under other Community programmes, in particular the Leonardo da Vinci programme for the implementation of a European Community vocational training policy, the Jean Monnet Project to promote teaching on European integration at university level, or the Grotius programme of incentives and exchanges for legal practitioners (joint action adopted on the basis of Article K. 3 of the Treaty on European Union) and shall operate in synergy with them. 12 Article 9 Assessment and monitoring the Member States, 1. The Commission, acting in conjunction with be responsible for assessing and monitoring the programme on a periodic basis with a view to effecting any adjustments deemed necessary in the course of its operation. shall 2. The Commission shall submit an assessment report on implementation of the programme to the European Parliament, the Council, and Social Committee and the Committee of the Regions by 31 December 1999 at the latest. the Economic Article 10 Entry into force This Decision shall enter into force with effect from 1 January 1997. 2. The Commission shall submit an assessment report on implementation of the programme and on the prospects for its extension to the European Parliament, the and Social Council, the Committee and Regions by 11L at the latest. A list of the beneficiaries of the Robert Schuman be published in an annex Project shall to the report. the Committee of the Economic 13 ISSN 0254-1475 COM(97) 596 final DOCUMENTS EN 06 04 01 Catalogue number : CB-CO-97-606-EN-C ISBN 92-78-27462-3 Office for Official Publications of the European Communities L-2985 Luxembourg m-