Local view for "http://purl.org/linkedpolitics/eu/plenary/2001-11-13-Speech-2-053"
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"en.20011113.4.2-053"2
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"Mr President, there was a time when Europeans travelled all over the universities of Europe and studied what was still a common law based on the Roman law. Indeed, in my own country, Scotland, that lasted until the 17th century, during which 6000 members of the Faculty of Advocates of Scotland at various times studied in the universities of Utrecht and Leiden. That kind of interaction of lawyers is one of the things which contributed most to our civilisation and from which our legal civilisation has grown. So this is a very good project and the time-tabling suggested by Mr Lehne and the Commission is feasible and worthwhile.
Nevertheless, as Mrs Wallis has said, legal traditions are valued objects. People concern themselves greatly about the coherence and integrity of a legal order. Therefore it must be with great sensitivity that we move forward in bringing back together again legal systems and legal traditions through the kinds of common definition that Mr Lehne is suggesting.
With that in mind, I have one doubt and it involves a difference with what Mr Medina Ortega has just said. Clause 14 of the report suggests that a regulation is really the best way to take this forward. The difficulty relates to subsidiarity. If these things are to be done well, common definitions will have to be sensitively adapted and grafted into what are very deep and organic legal traditions. You cannot do that by thrusting a regulation down the throats of the legal community.
We in the United Kingdom have two legal systems, rather distinct, and it is going to be absolutely vital for this development that both are adequately and properly represented in further discussions, as they have been on bodies like the Lando Commission in the past."@en1
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