From mutual recognition to establishing minimum EU standards, from the willingness to facilitate access to justice to support for economic activity, the road map for the Stockholm programme envisages the construction of a legal framework for a Europe that is closer to its citizens. In a context of ever increasing mobility between member states, citizens need some legal security to avoid becoming victims of cross-border barriers while exercising their civil, contractual or commercial rights.

PROMOTING MOBILITY

In much the same way as in the legal domain, the Stockholm programme is also intended to reinforce the principle of mutual recognition in matters of civil and commercial cooperation, ie the principle whereby one member state will execute the judgements and decisions handed down by legal authorities in another member state.

In particular, the programme emphasises the need to do away with all intermediary procedures in recognising legal decisions and in particular the need to abolish the exequatur procedure. This procedure, which enables one member state to execute a foreign legal decision, is too often needed to execute civil and commercial decisions handed down in other member states. “Thank you for insisting on getting rid of the exequatur. We need to develop a European legal culture, for which the principle of mutual recognition remains the corner stone,” replied Jacques Barrot, the commissioner for justice, freedom and security, in response to a question from an MEP during a meeting at the European Parliament, on 16 November 2009.

This cooperation based on the lowest common denominator is expected to be extended to other areas. The programme aims, notably, to improve the conditions of free movement and the recognition of civil status deeds. A green paper on the subject is expected to be launched in 2010. Another obstacle to free movement is inheritance tax. “I have proposed strengthening legal security, including the application of a single criterion to determine both the competence of the relevant authorities and the law, applicable by default, in cross-border inheritance (the criterion being the usual residence of the deceased). I have also proposed the introduction of a European inheritance certificate,” explained Barrot speaking at the Schuman Foundation.

The programme also deals with matrimonial systems and the legacy consequences if a couple should separate. As for the thorny question of divorce, the Commission has “considered the proposal for greater cooperation on the question of cross-border divorce. Certain member states, including France, are pushing to move forward. But the differences between the 27 member states are too big at this stage to risk a European rupture over such a sensitive societal subject. This being the case, we must continue our reflection about this important subject in 2010. It is also important to develop cross-border mediation based on the directive adopted in May 2008,” stressed Barrot.

In order to ensure the effectiveness of this mutual recognition, member states will have no choice but to adopt minimum standards for certain aspects of the civil procedure. On this subject, Barrot, during a conference organised at the European Parliament on 16 November, explained that, for him, “it is very important that the legal systems be improved because at the moment the long procedures can become a real obstacle”.

“The success of legislative proposals also depends to a large degree on mutual trust between member states. It is this trust that we need to build up,” added Barrot. One of the consequences of this recognition is that rules introduced in one member state will impact on the others, mutual trust between 27 member states is therefore necessary and fundamental. It is the reason why the Stockholm programme encourages greater mobility of European legal systems but it also and more specifically insists on the need to extend and systematise training in Europe for all legal professions, including administrative.

PROCEDURAL GUARANTEES

“It is crucial that citizens feel the benefit of the European project on a daily basis,” continued Barrot. If the construction of a European legal area is to benefit European citizens, then it is essential that measures be put in place to guarantee access to justice throughout the EU. In this respect, the Stockholm programme emphasises the need to improve legal aid and facilitate extra-legal methods of settling disputes, particularly with regard to consumption. In addition, the introduction of e-justice, the European gateway to justice, could play an important role. According to the text, its main role will be to inform citizens about their rights and to provide information about the different legal systems in the different member states. And, finally, the Commission intends to do away with all formalities in legalising authentic acts on the grounds that numerous solutions are possible, such as the development of digital signatures.

INTERNAL MARKET

The Stockholm programme also plans to provide support for economic activities in the internal market, and with this in mind, it provides for the introduction of temporary compensatory measures in order to facilitate the passing of judgements on bank accounts and debtors’ assets. The text also emphasises the need to reinforce legal security with regard to contractual law. It is expected that the common reference framework for EU contract law, a toolbox, made available to the three institutions should help in drawing up new legislation that extends beyond the current approach to the subject, which is considered to be too sectoral. Contract templates between private persons or between SMEs are also expected top be compiled and made available.

The programme emphasises the need to abolish the exequatur procedure