M OTION FOR A R ESOLUTION BY T HE C OMMITTEE ON L EGAL A FFAIRS Recent initiatives such as the Common European Sales law and the struggling EU Patent Package have put Commisioner Reding’s “Justice for Growth” policy on the agenda again. How should the EU continue its efforts in the harmonisation of civil law in order to facilitate free movement rights in the Union and foster growth and stability in an economically troubled Union? Submitted by:
Diego Azanza Garcia (Sierra de Guara), Álvaro Fabón Gonzalvo (San Alberto Magno), Victoria Gil Martinez (San Alberto Magno), Brooke Nicholls (St. George’s Malaga), Írem Özyurt (TR), Maria del Rosario Rodriguez Martin (Deutche Schule Malaga), Valentina Schütze Sanchez (Cambridge House Community College), Ilir Kola (Chairperson, AL)
The European Youth Parliament, A. Observing that discrepancies in civil law among Member States can obstruct the free movement of European Union (EU) citizens, B. Realising that each Member State has its specific legal system and tradition that form a major obstacle for the harmonisation of civil law, C. Noting with deep concern the recent initiatives of several Member States that hinder the exercise of free movement rights by EU migrants citizens, D. Recognising the relevance and potential of the Draft Common Frame of Reference1 (DCFR) in achieving the further harmonisation of civil law in the EU, E. Fully aware that differences between educational systems across the EU can hamper the validation of pre-university diplomas and certificates in other Member States, thus potentially hindering citizens from exercising their free movement rights, F.
Noting with regret that EU citizens cannot vote in the national elections of their country of residence and therefor being unable to enjoy their right to political representation whilst living abroad,
G. Bearing in mind that differences in national contract law affect cross-border trade negatively, making it more complex and costly, H. Taking into account that 71% of businesses are willing and able to use a harmonised EU contract law for cross-border sales to consumers2, I.
Alarmed by the fact that fiscal policies within the EU vary, occasionally leading to double taxation,
J.
Taking into consideration that 57% of consumers were dissuaded from cross-border online shopping due to uncertainty about their legal situation in case of faulty products3;
1
A draft proposed in 2009 by the European Commission that serves as a model civil code for the EU and can be a first step toward a European Civil Code. 2 Data according to the European Commission’s paper “Completing the Single Market: Adopting the Regulation on a Common European Sales law” (2013) 3 Ibidem
1.
Believes that further harmonisation must be accomplished in order to facilitate free movement whilst preserving each Member State’s individuality and legal traditions;
2.
Reminds Member States that according to the Treaty on the Functioning of the EU each citizen has the right to move freely within the Union;
3.
Supports the further development of the DCFR into a Common Frame of Reference that further facilitates the harmonisation of civil law within the Union;
4.
Encourages Member States to grant EU citizens the right to cast their vote during national elections in their country of residence once they have legally resided there for over a year;
5.
Calls upon the Directorate-General Education and Culture to propose a common system of studies validation regarding pre-university studies in order to facilitate free movement of citizens within the Union;
6.
Strongly suggests the development and implementation of a Common European Contract Law, based on the DCFR, with the objective of reducing the cost of cross-border purchases;
7.
Suggests that individuals solely pay tax on pensions and inheritance in their country of residence, thus avoiding double taxation;
8.
Recommends Member States to further implement the ‘Blue Button’4 package for online businesses in order to boost cross-border trade.
4
According to the European Commission, the Blue Button would provide the consumer with the option to be subject to the relevant common EU consumer protection laws as opposed to multiple, possibly conflicting national laws. This would ensure consumer protection on cross border sales.