Sammanfattning : Starting from a comparative analysis of civil status rules in nine different legal systems (Bulgaria, France, Germany, Italy, Latvia, Scotland, Slovenia, Sweden and the Netherlands), with a view on European and international legislation and case law, this study identifies practical difficulties encountered by EU citizens exercising their rights when moving across Europe. The study also recommends possible solutions to be found at EU level and within the EU competence to facilitate citizens' lives.

Författare : Mariolina Eliantonio, Silvia Brunello and Hanno von Freyhold

Utskott : Rättsliga frågor

Sammanfattning : In recent years, an extensive debate has evolved on the need for harmonisation of European sales law, with the existing diversity of contract laws in Member States being perceived as a barrier to trade and hence as burdensome for the European internal market. In November 2010 the European Commission commissioned a study supporting its Impact Assessment (IA) preparation on this matter. This report suggests that differences in contract law between Member States (MS) do create a barrier to trade, and the value of trade foregone each year between MS due to differences in contract law amounts to some tens of billions of euros. The aim of this paper is to assess the robustness and validity of the method used by the Commission to calculate opportunity and transaction costs, as well as the soundness of the economic model applied to the assessment of policy options; and to assess the reliability of the Commission's assumptions in this respect and whether they can stand up to scrutiny.

Författare : Mitja Kovač

Utskott : Konsekvensbedömning, Rättsliga frågor

Sammanfattning : This European Added Value assessment aims at pointing out the main benefits of a statute for a European mutual society from a social, economic and legal perspective. It is calculated that today mutual societies provide healthcare and social services to 230 million European citizens and represent about 180 billion euros in insurance premiums. Almost 70% of the total number of insurance companies in Europe are mutual societies. There is a nearly unanimous agreement among stakeholders that a statute for European mutuals would increase the visibility and the recognition of mutual societies at European level and would unfold for them the advantages of the internal market.

Författare : Blanca Ballester

Utskott : Europeiskt mervärde, Rättsliga frågor

Sammanfattning : This note analyses the Impact Assessment (IA) accompanying the Commission Proposal for a Regulation on a Common European Sales Law from a methodological point of view, without dealing with the substance of the proposal. In general, the IA seems to respect the methodological requirements the Commission has imposed upon itself in it Impact Assessment Guidelines. The problems to be addressed by the proposed legislation are clearly explained, related to the underlying problem drivers and logically presented. The set of possible policy options is sufficiently wide and there is sufficient explanation of the baseline scenario. The Commission seems to have broadly consulted with stakeholders and presents stakeholder positions in the IA. It analyses a broad range of possible impacts for the policy options, with an emphasis on economic impacts (mainly administrative and transaction costs). The Commission attempts to make a quantitative estimation of the transaction costs, at the same time acknowledging that adequate quantitative data are not available. The transformation of the purely qualitative answers of economic operators in Eurobarometer studies and other surveys into quantitative estimations can be criticised as producing unreliable results.

Författare : Elke Ballon and Alexia Maniaki-Griva

Utskott : Konsekvensbedömning, Rättsliga frågor

Sammanfattning : Two legislative own-initiative reports adopted by Parliament in 2009 (Lehne) and 2012 (Regner) call on the Commission to submit a proposal for a directive on the cross-border transfer of company seats (14th Company Law Directive). The arguments in favour of this approach are set out in detail in this European Added Value Assessment, which draws on the expert research commissioned specifically for the purpose of this assessment. ANNEX I: Legal effects of the requested legislative instrument (Catherine Cathiard/Jeantet Associés) ANNEX II: Economic and social effects of the requested legislative instrument (Patrice Muller et al/London Economics)

Författare : Blanca Ballester and Micaela del Monte

Utskott : Europeiskt mervärde, Rättsliga frågor

Sammanfattning : This briefing paper tries to explore why mediation is not used more often as a means of dispute resolution. It identifies a number of reasons why mediation is not resorted to more frequently and presents proposals on how legislation could respond to these obstacles. The author wishes to highlight that, ideally, removing these obstacles will lead to an even less frequent use of mediation.

Sammanfattning :

Författare : Dr. Stephan Prayer, Civil-Law Notary, Vienna

Utskott : Rättsliga frågor

Sammanfattning : Convention XXXV is of significant assistance in relation to cross-border capacity issues. However, it does have some weaknesses. Accordingly, Member States should be encouraged to ratify Convention XXXV. In addition the creation of a form of European Power of Representation would be extremely useful.

Sammanfattning :

Författare : FRIMSTON Richard (Solicitor, Notary Public, STEP EU Committee)

Utskott : Rättsliga frågor

Sammanfattning : Private international law is to a great extent regulated by EU rules. However, particular areas are still governed by national rules. This paper identifies the existing gaps in the EU regulatory framework, and discusses future perspectives. In the short and the mid term, the focus should be on filling gaps by using separate instruments, while preserving coherence. In the long term a more comprehensive framework or code would be an option.2

Sammanfattning :

Författare : Prof. Dr. Xandra KRAMER, Erasmus University Rotterdam Erasmus School of Law

Utskott : Rättsliga frågor

Sammanfattning : The newly adopted Regulation (EU) No 650/2012 is an ambitious instrument dealing exhaustively with every private international law aspects in regard to cross-border successions. The Regulation aims at harmonizing private international law rules so as to enable individuals to organize more efficiently and more rapidly their successions within the area of freedom, security and justice. The present paper addressed the main innovations, advantages and pitfalls of the new Regulation.

Författare : Prof Dr Burkhard Hess, Dr Cristina Mariottini, LL.M and Céline Camara, LL.M Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law Dr. Cristina M. Mariottini is a senior researcher at the Max Planck Institute Luxembourg. Celine Camara is a junior researcher at the Max Planck Institute Luxembourg.P

Utskott : Rättsliga frågor