On the 23rd of June 2008, the European Commission presented proposal for a decision from the European Parliment and of the Council amending Council Decision 2001/470/EC establishing a European Judicial Network in civil and commercial matters.

The general objective of the proposal is to enhance the role of the Network in its tasks of facilitating judicial cooperation between Member States and, in particular, the effective and practical application by judges and other legal practitioners of Community instruments and conventions in force between Member States. It also aims to consolidate the Network's role in promoting effective access to justice for the general public in the context of cross-border litigation.

Moreover, in order to implement effectively Community and international instruments on applicable law, the Network will have to develop gradually its assistance to the courts and other authorities concerning the application of foreign law.

The proposal is therefore intended to provide the Network with an updated legal framework, a more effective organisation and increased resources so that it can establish itself within the European area of justice as the key instrument of cooperation between all civil justice stakeholders.

The main objective of the proposed decision is the coordinated and homogeneous enhancement of judicial cooperation between Member States, principally through the existing Network structures. The proposed decision does not affect the existing cooperation mechanisms in the Member States as referred to in Article 2(1)(b) and (d) and is based on the improvement of cooperation between the different components of the Network. The participation of the legal professions in the Network will be based on the designation of participants within the Member States and will help to increase the means of action available to the Network.

Budetary and Financial impact

The proposal is based largely on close collaboration between the Member States and the Commission and on the financial resources made available for improving judicial cooperation under Decision 1149/2007/EC of 25 September 2007 establishing for the period 2007-2013 the specific programme "Civil Justice" under the general programme "Fundamental Rights and Justice".

One of the specific objectives of the "Civil Justice" programme is to facilitate the operation of the Network. The financial impact of Network management and operation is therefore taken into account in the multiannual financial envelope of EUR 109.3 million established for the "Civil Justice" programme. The 2007 work programme for the "Civil Justice" programme provided for EUR 3.25 million for Network management and operation. The 2008 work programme, currently being finalised, provides for EUR 3.15 million for Network management and operation.