Local view for "http://purl.org/linkedpolitics/eu/plenary/2000-06-16-Speech-5-069"
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"en.20000616.5.5-069"2
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"Mr President, I share Mrs Grossetête’s regret: the construction of Europe must involve the creation of a legal area, and the diligence we have shown in timetabling such a major report for a Friday morning is certainly not reassuring.
One great Italian thinker maintains that a society is commonly perceived as such only insofar as it succeeds in establishing rules for itself which are respected by its members. Certainly, the European Community used to be an institutional model with a remarkable history and the Union is so today; within this Community we have established rules for ourselves – and the Member States and the citizens respect them – but Parliament must not shirk its lawful duty to implement and ensure the implementation of the rules of Community law. Moreover, it must draw fresh strength, fresh nourishment, from its tasks. Although we have come a long way and we are making every effort now, I feel that we still have a long way to go. It is our duty to take on board the fact that there is still a great deal to do in the internal market in terms of standardisation, but also and above all, we must realise that there are a great many gaps in the development of the European legal system.
It is good to know that the rate of transposition of Community directives into Member States’ legislation stands at 95%, but this is not enough if the failure to apply Community law correctly is the result of bad practice on the part of administrations rather than the failure to assimilate directives. An effective intervention to deal with the national administrations is therefore, in my opinion, necessary, as the Committee on Legal Affairs and the Internal Market has stressed. This need is all the greater in that those who are in contact with the law and justice are often unfamiliar with the rules of Community law.
As the report requests, it is therefore appropriate for candidates to the magistracy and forensic science professions to pay particular attention to the rules which we are developing. I tabled some amendments to Mrs Grossetête’s excellent report in the Committee on Legal Affairs and the Internal Market, prompted by the concern that the legal protection of the citizens we represent is given insufficient recognition and enforcement in the individual countries. Petitions to the Commission and the European Parliament in this context should give us not only food for thought, but also cause for concern. The fact that some national courts hardly ever put preliminary questions to the Court of Justice under Article 234 of the Treaty is a further cause for concern, and the representatives of the Commission should instruct their departments to investigate the reasons for this situation.
In short, we must not underestimate the economic and practical difficulties encountered by the citizens in gaining access to Community case law. It may be that we need to adopt a legislative initiative as soon as possible in order to facilitate access to case law in economic terms, perhaps by establishing a support fund."@en1
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