March 5, 1997
I. Representatives from thirteen States, all engaged in the process of moving towards democracy, the rule of law and market economy, along with representatives from national and international cooperation agencies met from March 3 to 5, 1997 in Bremen in order to discuss problems of legal reform in CIS-member and other transformation States.
II. They hereby agree,
1. that a coherent legal system, the implementation of which is guaranteed by the State, is a fundamental and indispensable prerequisite to democracy and market economy,
2. that despite divergencies between nations, private law is based on generally accepted, universal principles,
3. to recommend to national parliaments that Civil Codes be completed and adopted as swiftly as possible,
4. that great progress has already been made in the field of the legal reform, but that this process has not yet come to an end and needs a long term perspective,
5. that the process of legal reform must include the practical implementation of new legislation and that legal infrastructures, institutions, information systems as well as education and training have to be strengthened accordingly,
6. that, given the scarcity of professionals, limited financial means and the need for a permanent exchange of knowledge and experience, this task should be performed in cooperation with international organizations,
7. that, given the variety and diversity of actors in the process, a systematic exchange of information and structured coordination are indispensable to avoid counterproductive competition, double work and inconsistencies hindering development,
8. that coordination of national concepts is necessary.
III. The participants at the conference welcome the intentions of GTZ as exposed in the appendix here attached.
From the "Conclusions of Bremen" follow tasks for projects of legal cooperation in a period of three to five years which GTZ will help to fulfill in close cooperation with IRZ and other organizations and to the extent possible with their participation:
a) The support in drafting the Civil Codes of transformation States will be continued upon request. The parts which have already been enacted might have to be consolidated in the medium term.
b) As an additional first priority a number of complementary model-laws have to be elaborated in cooperation with the Scientific Consultative Center of the CIS. Such legislation should cover e.g. stock corporations, bankruptcy, mortgages, stock exchanges, securities, and civil procedures.
c) A small working group should elaborate proposals by October 1997 as to what further model-laws should be elaborated.
a) Technical and personal conditions should be created in order to secure a systematic and steady flow of information on legal reform in each country and on projects of legal cooperation with international institutions. This information should be exchanged between the countries, between institutions and between countries and institutions. GTZ suggests that each government nominate a coordinator who should be equipped with technical and financial means. He/she would establish and maintain the connection and flow of information with all other coordinators and with a central office. This office would collect all information, legal texts, decrees etc.; it would copy and distribute them and establish a) data bank.
b) One element within an information-network could be a legal periodical.
GTZ is of the opinion that the next phase of legal reform should focus most intensively on legal education, training and research, in order to assure practical implementation of those reforms.
GTZ will soon organize a working group which will specify problem areas and elaborate solutions for adoption.