Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-03-22-Speech-3-253"

Predicate	Value (sorted: default)
rdf:type	lpv_eu:Speech2
dcterms:Date	"2006-03-22"^^xsd:date2
dcterms:Is Part Of	lp_eu:European contract law and revision of the acquis (debate)2
dcterms:Language	"es"^^xsd:language2
lpv:document identification number	"en.20060322.18.3-253"2
lpv:hasSubsequent	lp_eu:2006-03-22-Speech-3-2542
lpv:speaker	lp:Manuel Medina Ortega2
lpv:spokenAs	vice-chair; Committee of Inquiry into the crisis of the Equitable Life Assurance Society (2006-02-02--2007-06-19)3 unknown; Partido Socialista Obrero Español (2004-07-20--2009-07-13)3 substitute; JURI (2004-07-21--2007-01-14)3 substitute; Delegation for relations with Canada (2004-09-15--2007-03-13)3 member; Delegation for relations with the countries of the Andean Community (2004-09-15--2007-03-13)3 member; PES (2004-07-20--2009-07-13)3 member; IMCO (2004-07-21--2007-01-14)3
lpv:translated text	". Mr President, I believe that this is the right time of day to be discussing this issue, because in reality it is an issue that requires reflection; we have very little to play with. This is not a red-hot debate on something that is going to be done now: it is something that the Commission is beginning to do and that we in this Parliament are supporting. Those of us who are here are probably amongst the few who believe in this objective or in this possibility, but I do not believe that a unified market, a European Union internal market, is possible without a contract law. When I talk about contract law, that is precisely what I mean: law. I am concerned about the Commissioner’s statements to the effect that we do not know what kind of legal instrument we are going to have. There is no soft law in the European Union; the European Union’s great advantage is that it has developed a solid law, a positive law, which is applied by courts of justice, and we need precision. The most important thing in law is legal precision: precision with regard to the nature of the obligations and precision with regard to the content. I therefore believe that it is important that we begin to think about defined legal instruments of an obligatory nature that are not merely recommendations. Self-regulation, co-regulation or soft law will not be able to resolve the legal problems in this area. In this regard, the Commission’s report does not just refer to the possibilities of a contract law, but also to a revision of the acquis in the field of consumer protection. I believe that we must bear in mind that nobody can take the view at this point that, with regard to contracts, the consumer can be treated in the same way as a company. Relations between consumers and companies are of a different legal nature and the current legislations must recognise it. That is the intention of the amendments by Mrs Berger and Mrs Patrie: to maintain a degree of protection for consumers. In any event, I would like to thank Mr Lehne and Mrs Wallis for the work they have done and also to thank the Commission for persisting in this direction, because I believe that the future of the European Union will have to be shaped by means of a private law, as Mr Gargani has said, and, in particular, in the most immediate future, by means of an obligatory law in the field of contracts and not by means of mere recommendations."@en1

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