Claims of ‘bureaucratic arrogance’ over bid to fast-track Rome II

Date: 21/06/01

By Peter Chapman

JUSTICE Commissioner António Vitorino has been accused of "bureaucratic arrogance" after deciding to fast-track a controversial new regulation on cross-border legal disputes.

The Portuguese legal chief said producing a Green Paper on the 'Rome II' measure would be a waste of time and money because critics have already had a chance to air their views in the debate over similar legislation known as the Brussels Regulation.

He said: "Being fully aware of most of the questions at stake and of the solutions which should be brought to them, the Commission is taking the view that the appropriate way forward at this point is to proceed to present directly a proposal for a Regulation. "

But although he promised to listen to interested parties, Vitorino's decision means only member states - and not industry and MEPs - will be able to scrutinize the plan. "This is typical of bureaucratic arrogance of the Commission," said Mike Pullen, a partner with UK law firm DLA. "It is not prepared to listen to people who have got to work with and apply the law rather than in theory. "

The measure sets out which laws should take precedence in cross-border disputes that do not involve a contract - for example in a car crash between two EU citizens in a third country.

But critics fear it also would allow require firms to comply with foreign rules and regulations even if they operate perfectly legally at home.

Two years ago, industry demanded hearings on the Brussels Regulation to address concerns that e-commerce companies would be forced off the Web for fear of having to fight lawsuits in foreign courts.

UK Liberal MEP Diana Wallis, who issued a report on the Brussels Regulation, said Vitorino's decision on Rome II was "misguided" and "did not say a lot for transparency".

Justice Commissioner António Vitorino has been accused of 'bureaucratic arrogance' after deciding to fast-track a controversial new regulation on cross-border legal disputes.