Civil code go-ahead.The European Union is taking forward plans for a European civil code, but it is unlikely to subsume existing national civil law completely.Both a discussion in the European Parliament last week and a paper released by the MEP given the task of reporting on the issue highlighted areas suitable for harmonisation but backed away from a complete EU civil law code (see [2000] Gazette, 23 November, 6).The working paper, by German MEP Klaus-Heiner Lehne, said 'a position of economic supremacy' for the EU is only possible with 'a certain degree of "legal rationality"'.He highlighted a series of consumer directives - such as those relating to unfair terms and liability for defective products - wherecodification could constitute the first cornerstone of a code.The second cornerstone would incorporate areas relevant to the internal market, such as service contracts, insurance contract law, non-contractual debt relations and credit security law.The discussion in the Parliament recognised the code as a long-term plan.

While opinion was divided, the view prevailed that it should be restricted to cross-border issues.The UK government has come out strongly against a code, saying the common law would have to make too many compromises.

Lord Chancellor's Department minister David Lock said: 'The government favours working on areas of co-operation which stand a realistic chance of yielding good and practical results...

such as the new programme of work to make mutual recognition of judgments work better, and proposed future work aimed at resolving small claims across European boundaries'.Neil Rose