Decision No 1149/2007/EC of the European Parliament and of the Council
of 25 September 2007
establishing for the period 2007-2013 the Specific Programme ‘Civil Justice’ as part of the General Programme ‘Fundamental Rights and Justice’
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 61(c) and Article 67(5) thereof,
Having regard to the proposal from the Commission,
Whereas:
The Community has set itself the objective of maintaining and developing an area of freedom, security and justice, in which the free movement of persons is assured. To this end, the Community is to adopt, inter alia, measures in the field of judicial cooperation in civil matters necessary for the proper functioning of the internal market.
The ambitious objectives set by the Treaty and the Hague Programme should be achieved through the establishment of a flexible and effective programme that will facilitate planning and implementation.
The programme ‘Civil Justice’ should provide for initiatives taken by the Commission, in compliance with the principle of subsidiarity, for actions in support of organisations promoting and facilitating judicial cooperation in civil matters, and for actions in support of specific projects.
A general programme in the field of civil justice aimed at better mutual understanding of the legal and judicial systems of the Member States will contribute to lowering the barriers to judicial cooperation in civil matters, which will improve the functioning of the internal market.
According to the Hague Programme, strengthening mutual confidence requires an explicit effort to improve mutual understanding among judicial authorities and different legal systems. European networks of national public authorities should be given special attention and support in this respect.
This Decision should provide for the possibility to co-finance the activities of certain European networks to the extent that the expenditure is incurred in pursuing an objective of general European interest. However, such co-financing should not imply that a future programme would cover such networks, nor should it prevent other European networks from benefiting from support to their activities in accordance with this Decision.
Any institution, association or network receiving a grant under the programme ‘Civil Justice’ should acknowledge the Community support received in accordance with the visibility guidelines to be laid down by the Commission.
Since the objectives of this Decision cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the programme, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives.
The Financial Regulation requires a basic act to be provided to cover operating grants.
In accordance with Article 7(3) of Decision 1999/468/EC, the European Parliament should be informed by the Commission of committee proceedings relating to the implementation of this programme. In particular, the European Parliament should receive the draft annual programme when it is submitted to the management committee. In addition, the European Parliament should receive the results of voting and summary records of the meetings of that committee.
In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom and Ireland have notified their wish to take part in the adoption and application of this Decision.
In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision and is not bound by it or subject to its application.
In order to ensure the effective and timely implementation of this programme, this Decision should apply from 1 January 2007,
HAVE DECIDED AS FOLLOWS: