25

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Legal Proceedings available to Individuals before the Highest Courts: A Comparative Law Perspective - Canada

06-10-2017

This study is part of a wider project seeking to investigate, from a comparative law perspective, judicial proceedings available to individuals before the highest courts of different states, and before certain international courts. The aim of this study is to examine the various judicial proceedings available to individuals in Canadian law, and in particular before the Supreme Court of Canada. To this end, the text is divided into five parts. The introduction provides an overview of Canadian constitutional ...

This study is part of a wider project seeking to investigate, from a comparative law perspective, judicial proceedings available to individuals before the highest courts of different states, and before certain international courts. The aim of this study is to examine the various judicial proceedings available to individuals in Canadian law, and in particular before the Supreme Court of Canada. To this end, the text is divided into five parts. The introduction provides an overview of Canadian constitutional history, which explains the coexistence of rights derived from several legal traditions. It then introduces the federal system, the origins of constitutional review, as well as the court structure (I). As Canada practises a ‘diffuse’ (or ‘decentralized’) constitutional review process, the second part deals with the different types of proceedings available to individuals in matters of constitutional justice before both administrative and judicial courts, while highlighting proceedings available before the Supreme Court of Canada (II). This is followed by an examination of the constitutional and legal sources of individual — and in some cases collective — rights (III), as well as the means developed by the judiciary, the legislative, and the executive branches to ensure the effective judicial protection of rights (IV). The conclusion assesses the effectiveness of proceedings available to individuals in matters of ‘constitutional justice’. Essentially, while Canadian citizens benefit from a wide range of rights and proceedings, access to the country’s Supreme Court is restricted due to the limited number of cases the Court chooses to hear every year. More generally, access to justice continues to pose real challenges in Canada. This is not due to judicial failings or a lack of sources of rights per se, but rather to lengthy judicial delays and the often enormous costs of proceedings.

Ulkopuolinen laatija

EPRS, Comparative Law; Professor Johanne Poirier of McGill University, Montreal

Openness of public procurement markets in key third countries

04-07-2017

This report assesses the openness of public procurement markets in key third countries of interest to the EU. It provides a comparative overview of the regulatory and market access characteristics of the US, Brazil, India, China, Japans’ procurement markets, with reference to the procurement regulation and enforcement within the EU. The report assesses the available data on both the de jure and de facto levels of openness of these markets to put forward some conclusions of value to policy making ...

This report assesses the openness of public procurement markets in key third countries of interest to the EU. It provides a comparative overview of the regulatory and market access characteristics of the US, Brazil, India, China, Japans’ procurement markets, with reference to the procurement regulation and enforcement within the EU. The report assesses the available data on both the de jure and de facto levels of openness of these markets to put forward some conclusions of value to policy making both within the EU and in its trading relations with key third countries. This assessment concludes that the lack of comprehensive comparable data on procurement contract awards, particularly at the sub-central level, is not a trivial challenge for policy makers. Nevertheless, it is evident that the liberalisation of procurement markets continues to take place on a strictly reciprocal basis – linked to the offensive interests of governments. Given the slow-down in negotiating mega-regional agreements with comprehensive procurement chapters, the WTO Government Procurement Agreement remains the most efficient and transparent forum for undertaking further liberalisation in public procurement.

Ulkopuolinen laatija

Kamala DAWAR, Sussex University, United Kingdom

In Pursuit of an International Investment Court. Recently Negotiated Investment Chapters in EU Comprehensive Free Trade Agreements in Comparative Perspective

04-07-2017

The study compares the revised and signed text of the Comprehensive Economic and Trade Agreement (CETA) with the EU-Vietnam Free Trade Agreement (EUVFTA) and the EU Singapore Free Trade Agreement (EUSFTA) in respect of important procedural aspects relating to investor State dispute settlement. The findings are juxtaposed to the procedural rules governing the preliminary reference procedure and direct action (action for annulment) before the Court of Justice of the European Union as well as the individual ...

The study compares the revised and signed text of the Comprehensive Economic and Trade Agreement (CETA) with the EU-Vietnam Free Trade Agreement (EUVFTA) and the EU Singapore Free Trade Agreement (EUSFTA) in respect of important procedural aspects relating to investor State dispute settlement. The findings are juxtaposed to the procedural rules governing the preliminary reference procedure and direct action (action for annulment) before the Court of Justice of the European Union as well as the individual application before the European Court of Human Rights. In doing so, it provides a tool and manual to evaluate the EU’s todays and future progress in reforming the international investment law regime. By outlining key features of the procedural frameworks governing two international courts, some ‘tried and tested’ concepts as source of inspiration for the possible design of a ‘multilateral investment court’ might be found.

Ulkopuolinen laatija

Prof. Dr. Steffen HINDELANG, LL.M., Department of Law, Freie Universität Berlin, Germany and Ass. iur. Teoman M. HAGEMEYER, Dipl. iur. oec., Ph.D. candidate at the Department of Law, Freie Universität Berlin, Germany

Cross-border recognition of adoptions

30-11-2016

The European Added Value Assessment (EAVA) presents a qualitative analysis of possible policy options and quantitative estimates on the possible additional value of taking legislative action on the EU level related to cross-border recognition of adoptions.The EAVA identifies economic and social costs, and notably the costs related to the incomplete protection of rights of mobile EU citizens, which are born as a result of the absence of regulation on automatic recognition of adoption decisions at ...

The European Added Value Assessment (EAVA) presents a qualitative analysis of possible policy options and quantitative estimates on the possible additional value of taking legislative action on the EU level related to cross-border recognition of adoptions.The EAVA identifies economic and social costs, and notably the costs related to the incomplete protection of rights of mobile EU citizens, which are born as a result of the absence of regulation on automatic recognition of adoption decisions at the EU level. The substantive scope of the EAVA is limited to the issues related to the recognition of adoptions in EU Member States. The substantive family law issues, as well as issues related to the recognition of convention adoptions, within the meaning of the 1993 Hague Convention on Intercountry adoptions, are not covered in this assessment.  

The role of constitutional courts in multi-level governance - European Union: The Court of Justice of the European Union

30-11-2016

This study will analyse the role and competences assigned to the Court of Justice of the European Union by the founding Treaties, the Statute and the Rules of Procedure. Particular attention will be paid to the functions carried out by the Court in resolving disputes between institutions, between the Member States and between the Members States and the institutions in a multi-level governance system. The objective is to facilitate comparison with the competences granted to the Constitutional Courts ...

This study will analyse the role and competences assigned to the Court of Justice of the European Union by the founding Treaties, the Statute and the Rules of Procedure. Particular attention will be paid to the functions carried out by the Court in resolving disputes between institutions, between the Member States and between the Members States and the institutions in a multi-level governance system. The objective is to facilitate comparison with the competences granted to the Constitutional Courts of the Member States. This study was written by Prof Dr Vincenzo Salvatore of the University of Insubria, Varese (Italy), at the request of the Comparative Law Library Unit of the Directorate-General for Parliamentary Research Services (DG EPRS) of the General Secretariat of the European Parliament.

Ulkopuolinen laatija

EPRS, DG

Limitation periods for road traffic accidents

07-07-2016

Widely differing limitation periods for tort claims across the European Union (EU) Member States can lead to victims of cross-border road traffic accidents losing their right to compensation. This European Added Value Assessment (EAVA) sketches out the weaknesses of the relevant existing legal frameworks which create obstacles for victims of cross-border road traffic accidents in accessing legal justice. Furthermore, the EAVA identifies the costs that arise on account of differing rules on limitation ...

Widely differing limitation periods for tort claims across the European Union (EU) Member States can lead to victims of cross-border road traffic accidents losing their right to compensation. This European Added Value Assessment (EAVA) sketches out the weaknesses of the relevant existing legal frameworks which create obstacles for victims of cross-border road traffic accidents in accessing legal justice. Furthermore, the EAVA identifies the costs that arise on account of differing rules on limitation periods, not only in terms of length of time but also with regard to the beginning of a limitation period, the procedural requirements for stopping the running of a limitation period, and application to minors and disabled people. The EAVA demonstrates that differing rules in the application of limitation periods can generate costs such as additional lawyer's fees and fees for expert evidence on foreign rules. Finally, the EAVA outlines two rules for harmonising limitation periods within the EU in the form of minimum standards that could generate European added value by simplifying the existing legal framework and offering greater legal certainty for victims of cross-border road traffic accidents.

Cross-Border Traffic Accidents in the EU - The Potential Impact of Driverless Cars

30-06-2016

Commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI committee, this study provides an analysis of the potential legal impact of the introduction of connected and autonomous vehicles on rules of private international law determining jurisdiction and applicable law in the EU Member States in the event of a cross-border traffic accident. Following a case-studies approach, it makes a number of recommendations to improve ...

Commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI committee, this study provides an analysis of the potential legal impact of the introduction of connected and autonomous vehicles on rules of private international law determining jurisdiction and applicable law in the EU Member States in the event of a cross-border traffic accident. Following a case-studies approach, it makes a number of recommendations to improve the legal framework. In line with recent EU law trends towards enhanced protection for the victims and given that products liability is likely to gain more importance in the area, the study suggests the introduction of a duty for car manufacturers to contract liability insurance covering traffic accidents victims; the possibility of a direct action against a manufacturer’s liability insurer and the establishment of a forum at the domicile of the victim for claims against manufacturers of cars using new technologies. In order to increase legal certainty, the study recommends to redefine the respective scopes of application of the two systems of private international law currently coexisting in the EU to determine the law applicable (the Rome II Regulation and the 1971 and 1973 Hague Conventions), and to apply Rome II in cases in which both the claimant and the defendant are domiciled in EU Member States. Finally, autonomous technologies may increase the difficulty to initiate extra-contractual liability claims therefore the study proposes that limitation periods be extended at the substantive law level or that a cumulative connecting mechanism be introduced at private international level for the benefit of the victims.

Adoption of children in the European Union

16-06-2016

Globally, there have been significant changes in the landscape of adoption over recent years, including fluctuations in the volume of adoptions, the countries involved and who is eligible to adopt. This paper aims to provide an overview of the adoption of children in the European Union (EU), focusing on trends in the number of domestic and intercountry adoptions and a comparison of the current adoption requirements in the individual Member States.

Globally, there have been significant changes in the landscape of adoption over recent years, including fluctuations in the volume of adoptions, the countries involved and who is eligible to adopt. This paper aims to provide an overview of the adoption of children in the European Union (EU), focusing on trends in the number of domestic and intercountry adoptions and a comparison of the current adoption requirements in the individual Member States.

Cross-Border Restitution Claims of Art Looted in Armed Conflicts and Wars and Alternatives to Court Litigations

19-05-2016

This study was commissioned and supervised by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the JURI Committee. Restitution of art looted during past and present armed conflicts is a major issue for our societies. Claiming restitution before courts – often in foreign States – has proven to be difficult. That is why parties turn more and more to dispute resolution means alternative to court litigation. This study examines the legal difficulties ...

This study was commissioned and supervised by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the JURI Committee. Restitution of art looted during past and present armed conflicts is a major issue for our societies. Claiming restitution before courts – often in foreign States – has proven to be difficult. That is why parties turn more and more to dispute resolution means alternative to court litigation. This study examines the legal difficulties related to art restitution claims and proposes policy recommendations for States and EU institutions to overcome these difficulties and seek to achieve just and fair solutions.

Ulkopuolinen laatija

Marc-André RENOLD

Adoption without Consent - Update 2016

12-05-2016

This study – commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Petitions – examines the law and practice in England in relation to adoption without parental consent, in comparison to other jurisdictions within the European Union, including on the basis of petitions submitted to the European Parliament on the matter. It further details the procedures followed by the English courts in relation to child protection ...

This study – commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Petitions – examines the law and practice in England in relation to adoption without parental consent, in comparison to other jurisdictions within the European Union, including on the basis of petitions submitted to the European Parliament on the matter. It further details the procedures followed by the English courts in relation to child protection proceedings involving a child who has a connection to another EU Member State, and gives recommendations for cooperation between States in future proceedings. The study concludes that while other EU Member States have mechanisms for permitting adoption without parental consent in specific circumstances, few appear to exercise this power to the extent to which the English authorities do. Still, the lack of comparative statistical data on when this is used, how frequently, and by whom, precludes clear-cut conclusions, calling for more data and research to be carried out.

Ulkopuolinen laatija

Claire FENTON-GLYNN (University of Cambridge, the UK)

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