Local view for "http://purl.org/linkedpolitics/eu/plenary/2005-12-13-Speech-2-170"
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"en.20051213.52.2-170"2
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".
The proposed procedure reveals some significant legal shortcomings. The procedure takes place in two stages:
1. Firstly, after a request has been made, the judge issues a European payment notification to be served on the debtor, who has three weeks in which to submit a statement of defence.
2. Secondly, in the absence of a statement of defence, a European order for payment is delivered.
According to the authors, this two-pronged approach is justified by the potential risk involved in issuing an irreversible claim at the outset.
In aiming to simplify the procedure and to safeguard the debtor’s rights, it would therefore seem wiser to keep just the one stage, that is to say to provide for the delivery of the European order for payment at the outset and to make it enforceable. In return:
the time limit for lodging a statement of opposition must be extended;
and this time limit must only begin when the debtor has actually received the notification.
That is why we reject Amendment 12, which allows a defendant to be sentenced without his or her being able to know the decision.
Finally, the choice proposed in Amendment 20 between the notice being served by a bailiff or being delivered by post should not exist. The notice must be served by a bailiff, given the flaws in the postal systems in certain countries, such as France."@en1
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