Local view for "http://purl.org/linkedpolitics/eu/plenary/1999-11-16-Speech-2-126"
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"en.19991116.7.2-126"2
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"Mr President, I would not like to tamper, no pun intended, with the enthusiasm of this House on the subject of the European legal area.
The solutions which we must arrive at must fulfil a twofold role. Firstly, every plaintiff must be able to find a judge for his case, otherwise this would be denial of justice. He should be able to find applicable law, and it must be possible to enforce the judgement. This is the requirement of legal security. Secondly, in the meantime, it is essential to ensure that the diversity of Member State legislation is respected. This is no more than the translation into the legal sphere of respect for cultural or national diversity.
We must get away from the unification of legislation which is too often pursued here on the pretext of harmonisation. The obvious solution is to unify international private law rules exclusively, without unifying the fundamental rules. Unification of international private law rules, i.e. regulations on conflicts of jurisdiction and rules on conflicts of laws. It must be possible to clearly identify which law the court is going to apply, since a court with local jurisdiction does not necessarily apply its national law and in some circumstances this procedure is a fair one.
As for the development of enforcement procedures – the enforcement orders or “exequatur” for foreign judgements – this is no doubt useful in civil cases, such as divorce or custody cases, just as they are useful in some aspects of mutual assistance in legal matters, but care must be taken not to go too far along this route. We must not arrive at a situation where, under the pretext of mutual assistance in legal matters, a wall of silence reigns over Europe in the name of political correctness. I shall not mention Switzerland’s degrading handover of an old man, 90 years old, to France, since this is a matter involving a country which is not a member of the European Union, but I shall simply mention the increasingly repressive legislation which mean to dictate political and historical attitudes, a phenomenon I would not like to see spreading from one European state to the next."@en1
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