Opheldering bij grensoverschrijdend familie- en burgerlijk recht (en)

EU i law must serve all citizens, especially those involved in cross-border disputes. Clearing up the confusion caused by divergences among national legal systems, e.g. in cross-border family or civil law cases, would help, says Parliament in an own-initiative report voted on Tuesday. MEPs also back efforts to cut red tape that prevents small firms from trading across borders.

Parliament recognises the "need to respect and accommodate radically different legal approaches and constitutional traditions" of EU Member States, but stresses that "it is necessary to address the adverse legal consequences for citizens arising from this divergence", which "should not constitute a barrier to the further development of European law".

The European Commission must ensure that the Stockholm freedom, security and justice Action Plan "truly reflects the needs of individual citizens and business, particularly small and medium-sized enterprises, for more Europe (in respect of mobility, employment rights, the needs of business, equal opportunities), while promoting legal certainty and access to rapid and efficient justice", MEPs say.

On the right to free movement, MEPs call for further efforts to reduce barriers for citizens, particularly those preventing them from obtaining social benefits to which they are entitled or from exercising their right to vote in municipal elections.

A true EU judicial culture needed

A "European judicial culture", created through proper legal education and training, is needed to foster the ability to comprehend and manage differences among the EU Member States' 27 different legal systems, say MEPs. The "Erasmus-style" exchange programmes proposed in the Action Plan should be just one of a series of initiatives fostering communication between national and European courts, they add.

MEPs propose that regular cross-border forum meetings be arranged for judges in areas of law where cross-border issues frequently arise, such as commercial, family and personal injury cases, to discuss areas of legal controversy or difficulty. In the longer term, "lawyers should be required to have a working knowledge of at least one other Union language", they add.

Cutting red tape for business

Parliament encourages measures to reduce administrative, financial and regulatory burdens that discourage small and medium-sized enterprises from trading across borders throughout the EU.

It also stresses the need to act quickly to solve on-line cross-border retail trade problems, particularly with payments and cross-border deliveries, and to boost consumer and business confidence in cross-border e-commerce by stepping up the fight against cyber-crime and counterfeiting.

Finally it calls for an EU charter of consumers’ rights to be developed in the area of on-line services and e-commerce.

This report responds to the EU Action Plan Implementing the Stockholm Programme, which was presented by the Commission on 20 April 2010. The Stockholm Programme seeks to create a European area of freedom, security and justice that will guarantee citizens’ fundamental rights, including freedom of enterprise.