Local view for "http://purl.org/linkedpolitics/eu/plenary/2004-02-11-Speech-3-240"
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"en.20040211.8.3-240"2
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"Mr President, it is a pleasure to address you tonight on this important theme. This afternoon I had the fortune to chair a meeting in which we were discussing the proposed directive on the enforcement of intellectual property rights. In that discussion, what came out most clearly was that the biggest difference among the legal systems of the European Union is actually the difference concerning procedure, rather than the substance of law. Proposals for the approximation of procedural law are amongst the most difficult to achieve effectively. That is something that we need to bear in mind.
As you well know, I represent an area of Scotland in this House. We, in Scotland, have the unique good fortune of having a legal system that is more or less half and half, i.e. an amalgam of the civilian systems of mainland Europe and the common law system of England, Ireland and Northern Ireland. Perhaps the Commissioner should devote her time to studying Scots procedural law as a potential bridge between the two great different systems of this continent. However that may be, in my Group we certainly support the idea of moving from conventions to regulation. Mr Medina Ortega is entirely right to say that the regulation is the right instrument to deal with these problems of harmonisation.
Finally, in relation to small claims, all that is in the Gargani report is admirable. However, I should particularly like to underline, in regard to the service of documents, paragraph 6(i) that states: 'service should effected by specialised personnel with legal training capable of explaining every aspect of the procedure to the debtor'. Much of what we have done in the way of harmonisation is defeated at the moment by bad translation, lack of interpretation and lack of clarity. I beg to support that point."@en1
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