Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-10-24-Speech-3-487"
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"en.20071024.45.3-487"2
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"Madam President, I welcome the Commission’s initiative on the cross-border regulation of the attachment and temporary freezing of bank accounts. I congratulate you in particular, Mr Frattini, as the competent Commissioner for this initiative.
The Commission’s Green Paper on this issue has laid down procedures for dealing with the problem, which arises when the enforcement of court judgments is avoided because of the operation or transfer of bank accounts outside national borders.
The measure under discussion is contained in the strategy for developing judicial cooperation between EU Member States. The measure is a move in the right direction; it must be completed soon with the submission of a relevant proposal. The cause of justice is not served if civil or criminal court judgments cannot be enforced. For this reason, the proposal relating to the attachment and freezing of cross-border bank accounts that is under consideration really contributes to the evolution and consolidation of justice. The European Parliament rightly takes a positive view of the Commission’s initiative and of the judicial procedure under preparation.
The Lechner report and the opinions of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Finance set out the basic parameters for preparing a balanced proposal for a Council decision on the issue.
I congratulate Mr Lechner on his succinct but very informative and comprehensive report. As rapporteur for the Committee on Civil Liberties, I hold positions that essentially coincide with nearly all of his.
The report is expected to be approved by an overwhelming majority. It emphasises the need to meet the requirements for issuing a cross-border attachment order for bank accounts. It also stresses the concurrent need to protect the procedure against abuse and to provide guarantees of compensation to the alleged debtor if his order turns out to be to be null and void.
I believe that a freezing order can serve, at the end of court proceedings, as an enforcement measure for a final exequatur judgment. This is not Mr Lechner’s view, but it must seriously be considered when the relevant Commission proposal is submitted, in the interests of preventing unnecessary duplication of proceedings.
I call on the Commission to proceed at once with preparation of the proposal on this issue."@en1
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