Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-09-26-Speech-3-355"
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"en.20070926.22.3-355"2
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"Mr President, I would like to congratulate the rapporteur, who seems to be losing his voice like I am. It seems to be the case that most colleagues have sore throats in Strasbourg this week.
I represent the Committee on Legal Affairs, for which I was draftsman of the opinion. I would like to say that, first of all, we fully agree with the assessment of the Committee on the Internal Market and Consumer Protection on the importance of the services sector for the development of the European Union. It would be an absolute kamikaze mission for the European Union and the competitiveness targets if we do not let the services sector flourish and allow the internal market to be completed in this respect. I really think, out of these 11.7 million jobs created over the last eight years in the European Union, almost 100% of the net growth of new jobs in Europe has come from the services sector, and everyday statistics prove this. But I have to be – in Finnish, a
a ‘dull lawyer’, and bring the Legal Affairs Committee’s point of view to this debate.
First of all, we really share the Commission view that at this point it is maybe too early to have a far-reaching new horizontal tool to solve the liability issues. We have already pending several legislative initiatives, which are all aimed at ensuring legal certainty, such as Rome I, Rome II and also the Green Paper on the Review of the Consumer Acquis.
Also, I would like to say that Article 5 of the contractual obligations (Rome I) proposal is essential in order to determine whether the consumer protection legislation of the country of origin or of the country of the client applies. This is especially important for smaller Member States, where we might lack a supply of new services if Article 5 is not correctly solved.
We also regret the present mix of legislative instruments. Sometimes it is not very clear which legal regime is applicable to each aspect of the activities of the services sector: whether they have to obey the civil law of the host or home country or the regulatory regime of the host or home country. It is necessary that we also get some case-law from the European Court of Justice on these issues.
Also I would like to stress that cross-border services are provided in many different ways. Some of them sell online, some travel to another country for services, and sometimes the service provider visits the customer’s home country.
I think that the internal market for services, the legal framework which is based on the country of origin principle, depends on the relevant measures being clear both from the legal and practical perspective, and maybe it is too early now to really do something. As the Commissioner rightly said, now it is time to implement all the good work we have done during recent years."@en1
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"fakkijuristi –"1
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