Seanad debates

Wednesday, 1 October 2008

European Judicial Network in Civil and Commercial Matters: Motion

 

11:00 am

Photo of Eugene ReganEugene Regan (Fine Gael)

I know the Oireachtas wishes to scrutinise EU legislation more seriously. However, this is the most innocent legislation I have ever seen. Ireland has opted into this system of the European judicial network in civil and commercial matters based on the decision of 28 May 2001. I find it rather absurd that we are required to go through this process of opting into a decision which, as the Minister of State pointed out, makes some technical amendments in that decision. That process is rather heavy and reflects the absurd situation in which we find ourselves by having the opt-in opt-out process the Government has chosen to adopt.

I have no difficulty with the proposed decision to make some technical amendments to the original Council decision of 2001 on the European judicial network. The recognition and enforcement of judgments in civil and commercial matters is fundamental to doing business within the European Union. This network facilitates that process, and informs the judiciary and legal professions in different member states of the relevant regulations, laws and judicial decisions and judgments in different member states. There is nothing contentious in this proposal. It allows the Commission to take on the role of translating certain legal instruments and such matters. I have no difficulty with the proposal. However, I believe there are other decisions in this area that warrant debate and we tend to adopt many decisions without debate. This is one that could have been adopted without debate. While we support the decision, I find it curious that having opted into a measure in the area of judicial co-operation in civil matters we are required to go through that laborious process each time when mere technical amendments are made.

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