Presentatie prioriteiten recht en justitie Portugees voorzitterschap (en)

Speech of Minister of Justice of the Portuguese Republic,

Mr. Alberto Costa

European Parliament's JURI Committee

11th September 2007

Mr. President, distinguished Members of the European

Parliament, I would like to thank you for giving me the

opportunity to present the programme of the Portuguese

Presidency of the Council of the European Union in the area of

Justice.

As a legal expert committed to developing Community

law and building Europe, I carefully read the reports, resolutions

and debates held in the Committee of Legal Affairs of the

European Parliament. In that quality, I must congratulate you on

your work as parliamentary "guardians" of Treaties and

Community legality, hoping at the same time not to offend any

European Commission's prerogatives when addressing you in

this way. This is the only possible conclusion to any legal expert

1

following up your work in the pursuit of the respect of the

principles of subsidiarity, proportionality and choice of legal

base.

Last week, in Strasbourg plenary session, the approval of

three reports of the Committee of Legal Affairs was clear proof

of the work of this committee in the protection of the quality of

legislation. I would say that this is one of many issues where the

priorities of the Portuguese Presidency and the aims of the

Committee of Legal Affairs coincide. Allow me to highlight one

of the recommendations included in President Gargani's

report to Member States: it is not enough to simplify legislation

at community level; it is necessary to ensure that when

European rules are implemented Member States do not create

new obstacles to citizens and companies, a phenomenon known

as "goldplating" which results in the depletion of European

legislation's added-value.

E-Justice is one other area where it is possible to

successfully simplify legislation. The Portuguese Presidency has

organised a conference in Lisbon on e-justice and will discuss

2

the same subject in the Informal Council of Ministers of

Justice, on 1st and 2nd October. We hope the presence of

President Gargani in Lisbon will contribute to finding the best

ways of implementing information technologies in the area of

freedom, security and justice. In the end of 2007, a European

portal will be available to citizens and companies with on-line

information on bankruptcy registry and lists of missing

people. This will enable easy and efficient access from any

computer to all information resources of European institutions

and Member States.

In June I had the honour of welcoming in Lisbon a

delegation from this committee and the opportunity to

underline that civil law has a prominent position in the

Presidency's programme. Unfortunately, the Hague Programme

has not been fully implemented in the area of civil law and we

will try to invert that tendency and promote the approval of a

series of instruments designed for putting Community law at the

service of citizens and companies. We are highly committed to

making progress both in the Mediation Directive and Rome I

3

Regulation. We have maintained fruitful contacts with the

rapporteurs, Ms McCarthy and Mr Dumitrescu, Members of

Parliament, and we are hoping to be able to present positive

results to citizens and companies. In order to recall the

successful negotiations of Rome II regulation and facilitate the

debate on Rome I regulation, we will organise an international

seminar on these two regulations, in Lisbon, on 12th and 13th

November.

We are also fully focused on family relationships, namely

maintenance obligations and divorce, in this case with Rome

III regulation. In an era where the number of plurinationality

families is increasing, it is essential that Community law is able

to appropriately satisfy these needs. In the second semester we

will actively participate in the Hague Conference on

maintenance obligations.

We will attentively monitor the progress on European

contract law and we are looking forward to the debates in the

Council's working group on the most recent progress report

published by the European Commission.

4

Intellectual property is one area of the European project

that needs developing. We are making the most to establish a

strategy that will make way to a European patent. It is

inadmissible to be unable to provide European creators and

companies with an efficient and competitive mechanism for

patents.

Regarding the Directive on Spare Parts, we have been in

contact with car manufacturers in view of finding solutions to

unblocking this dossier. Mr Lehne, Member of Parliament, has

been kept up to date on these efforts and has also been

transmitting us the European Parliament concerns.

European trademark is also in our agenda. The recent

European Commission communication notes the possibility of

lowering prices of European trademark, making it more

competitive. We are raising the Commission and Member

States' awareness on the importance of quickly applying that

strategy.

The Directive on the protection of intellectual property

rights through criminal sanctions is also a priority. Still, this

5

subject, along with the Directive on environment criminal

sanctions, raises questions in several Member States that we

hope will soon be answered by the Court of Justice.

As legislators, we must contribute to a company-friendly

regulation. Company law is a priority area for legislative

simplification. Allow me to share with you the extremely

positive results of the Portuguese experience on company law.

In approval of the series of measures designed to simplify the

procedures borne by companies, the World Bank considered

Portugal "leading country" in this area. I have been monitoring

with interest the proposals presented by the European

Commission and would like to believe that they will reinforce

the competitiveness of European companies.

Another area of special interest is the institutional

development of organization and functioning of the Court of

Justice. In the first Council of Ministers of Justice, on the 18th of

this month, we will be given the opportunity to examine the

proposal for the introduction of an emergency preliminary

ruling procedure.

6

These are in short the priorities of the Portuguese

Presidency in the area of Justice. I hope to have the opportunity

to come back to this committee to answer your questions and

discuss the best solutions for the open dossiers. I am proud to be

for many years now member of the Portuguese Parliament. I

know from experience that the real power of democracy is in the

Parliament; I also know that only in close cooperation with

European Parliament is it possible to adopt quality

legislation that will contribute to improve the daily life of

citizens and reinforce companies' competitiveness. In order to

remind us that we must work together, in the respect of

Parliament's prerogatives and the form of legislative acts, I

would like to call your attention to the recent report of Mr.

Medina Ortega, MEP, which highlights the dangers of soft law

and avoidance of legislative procedures provided in the Treaties.

Thank you very much.

7

Mr. President, I am at your disposal to answer any

questions.

---