Local view for "http://purl.org/linkedpolitics/eu/plenary/2012-11-19-Speech-1-047-000"
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"en.20121119.17.1-047-000"2
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"Mr President, although I very much appreciate the Commission’s efforts to create a solid mechanism for resolving cross-border disputes on civil and commercial matters in the European Union, I think the proposal put forward is not moving settlement of those issues in the right direction.
The legal systems of the Member States have developed along their own lines over centuries, and the way the written law is applied in individual countries has taken shape differently, according to their traditions of civilisation and culture. In Spain, for example – where a court wanted to remove a child living in Slovakia from his mother – or in the UK – where courts act as a shield for the controversial practices of its local social welfare system in removing the children of families going to Britain for work – experience shows us the way that courts operate, handing down specific rulings that favour the interests of citizens or legal persons from their own countries. This is an everyday reality in the European Union. When the administration of justice is in that state, the abolition of certain protective mechanisms – such as the right to challenge recognition or enforcement of a judgment on the ground of incompatibility with recognising and enforcing a Member State’s public policy, for example – is, in my view, absolutely divorced from real life.
If we have different assessments of legal questions in the individual Member States of the European Union, we cannot really just transfer the judgments of the courts from one country to another. After all, a legal entity affected by a judgment given abroad must also have the right to have enforcement of this judgment reviewed from the point of view of the law of his country – the one in which he lives or operates."@en1
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