28 May 1993

Doc. 6853

1403-25/5/93-3-E

MOTION FOR A RECOMMENDATION

on the study and teaching of comparative European law

presented by Mr NUÑEZ and others

1.       The study of European legal systems, in addition to its value as a legal discipline, is an important instrument in analysing and understanding the present, and in preparing and orientating the future in Europe.

2.       A better knowledge of European legal systems is one of the bases on which the idea of European union can be developed.

3.       Given the diversity of Europe's cultures, it would seem difficult to establish a single European legal system but, over and above the distinctive features of national legal systems, there are certain general categories and concepts which are common to all.

4.       Mobility of persons and ideas in Europe today, fostered by the many means of communication which now exist in terms both of transport and new information technologies, is leading to a considerable increase in legal dealings between people in difference European countries.

5.       The Assembly accordingly recommends that the Committee of Ministers promote, under Council of Europe auspices,

i.       the study and teaching of comparative European law;

ii.       the preparation of teaching and research material on comparative European law, by supporting the compilation of a collection of the most significant European legal texts;

iii.       the training of lecturers specialising in European comparative law;

iv.       harmonisation of various areas of law to facilitate legal dealings between individuals, thus helping to establish a European legal area extending beyond the twelve Community countries, while respecting the special features of national legal systems;

v.       harmonisation of the legal concepts applying to the protection of human rights and fundamental freedoms, in accordance with the European Convention on Human Rights and the case law of the European Commission and Court of Human Rights;

vi.       the launching of a series of seminars on comparative European law and the establishment of a common European legal area with the participation of universities and European legal experts.

      Signed:       Nuñez, Hadjidemetriou, Haller, Oehry, Bindig, Schwimmer, König, Fodor, Hörcsik, Rokofyllos, Rodotà