Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-10-24-Speech-3-488"

Predicate	Value (sorted: default)
rdf:type	lpv_eu:Speech2
dcterms:Date	"2007-10-24"^^xsd:date2
dcterms:Is Part Of	lp_eu:Improving the efficiency of the enforcement of judgments in the EU: attachment of bank accounts (debate)2
dcterms:Language	"pl"^^xsd:language2
lpv:document identification number	"en.20071024.45.3-488"2
lpv:hasSubsequent	lp_eu:2007-10-24-Speech-3-4892
lpv:speaker	lp:Tadeusz Zwiefka2
lpv:spokenAs	member; Delegation to the EU-Armenia, EU-Azerbaijan and EU-Georgia Parliamentary Cooperation Committees (2004-09-15--2009-07-13)3 member; EPP-ED (2004-07-20--2009-07-13)3 substitute; Delegation to the EU-Moldova Parliamentary Cooperation Committee (2005-03-31--2009-07-13)3 unknown; Platforma Obywatelska (2004-07-20--2009-07-13)3 substitute; Delegation to the ACP-EU Joint Parliamentary Assembly (2007-02-13--2009-07-13)3 substitute; Delegation for relations with the Mashreq countries (2007-03-14--2009-07-13)3 member; JURI (2007-01-31--2009-07-13)3 substitute; CULT (2007-01-31--2009-07-13)3
lpv:translated text	". Madam President, Commissioner, an unquestionable weakness of the current provisions of enforcement legislation is the situation in which, having verified enforceability of a court order in another Member State, enforcement remains the exclusive competence of national legislation. Pursuant to Community legal acts currently in force there is no way of obtaining an order to attach a bank account that could be enforced across the territory of the entire European Union. That is why a European system for an order allowing the attachment of bank accounts seems to be such an appropriate and necessary solution. It would allow creditors to secure the sums due or the value of their claim by making it impossible to withdraw or transfer funds deposited in one or many bank accounts across the territory of the European Union. Such a system should be created following the development of an additional independent procedure that would stand alongside national provisions with the proviso that it would only apply to cross-border issues. It is worth emphasising that such an order would only have a preventive effect. In other words, it would block the debtor’s funds in the latter’s bank account, without transferring them to the creditor’s account. The court must of course refrain from hearing or informing the debtor of the proceedings before attaching his or her bank account, otherwise the effect might be the opposite of what was intended. The sum to be attached should be calculated on the basis of the creditor’s claim. It should be emphasised, however, that the debtor must have the right to appeal the order issued, and the competent institution to hear that appeal should be the court where the order was issued. Provision should also be made for derogations from enforcement to allow the basic needs of the debtor and his or her family to be met. Clearly, at that stage, additional comparative legal analysis would be required, as many aspects call for further investigation. Nonetheless, the fact remains that the introduction of a Community legal procedure such as a European order for the attachment of bank accounts aimed at streamlining the implementation of monetary claims and improving effectiveness would be a milestone along the road to the creation of a European economic and judicial area. In conclusion, I should like to congratulate Mr Lechner on an outstanding and well-prepared report. The House must be well aware, of course, of how difficult it is to change Union provisions, particularly in this field."@en1

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